Break Time In Texas

Plano · January 2003

Have 2 employees doing same job. They take 4 - 5 smoke breaks a day from 5 - 10 minutes each. I was told today that if they are discussing work, these smoke breaks are not considered breaks. If this is true then employees can take smoke breaks all day long. We are a non-smoking facility so they must got outside to do so. Want to set up parameters so that they take breaks at designated times. What are the laws in Texas about breaks. Can I require employees to notify me the times they would like to take breaks? Do I have to allow them the opportunity to break up the two 15 minute breaks in to 6 five minute breaks. Can I require that they take breaks at separate times so that there office always has someone in their to answer questions?

Whatever · January 2003

I have no idea what Texas law is. In New York City, the law has been changed and shortly, there will be no smoking allowed at any business. The smokers have been warned that the smoking rooms will be closed. If they want to smoke they will have to leave the building. They will have (as they always have had), the same breaks as everyone else. They have also been told that when they are outside smoking, it is assumed that they are not working. If you want your smokers to take breaks at separate times, you should do so. As for giving several 6 minute breaks vs. two 15 minute breaks, I have been told that 15 minutes is insuffient time for someone to go out and smoke a cigarette (our building is three stories)therefore 6 minutes should be even more insufficient. I would stick with the two 15 minute breaks.
As an aside, in my area, the local hospital is offering a free stop-smoking program and we are urging and trying to support any smokers who go.

Parabeagle · January 2003

I have to take issue with the assertion that 15 minutes is not long enough to smoke a cigarette. When I smoked, I had to go from the 17th floor down to a loading dock and back, while depending on unpredictable elevators, etc. 15 minutes was quite sufficient.

System · January 2003

Dunno about TX law, but federal law doesn't require you to give any smoking breaks at all. If you're generous enough to do so, you can make up your own rules.

James the Nonsmoker
Senior Editor
M. Lee Smith Publishers

Mike Maslanka · February 2003

james is right---that is federal law and texas law as well...mike maslanka

Theresa Gegen TX · February 2003

[font size="1" color="#FF0000"]LAST EDITED ON 02-02-03 AT 09:38AM (CST)[/font][p]You do not have to allow any breaks at all. But if an employee takes a 5 or 10 minute break, that time must be paid. Don't have them clock in and clock out and not pay them for the time.

A break period of under 20 minutes is paid time under the law. So if you want to schedule an actual break period, and not pay the employee for the time, you must give them 20 minutes or more.

Here is what the DOL says:

Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.

Good Luck!

Plano · February 2003

Thanks for your answers, BUT, some say we have to give breaks and some say we don't. I read the last entry that quoted DOL. We work an 8 hour day, so is it safe to say that I can REQUIRE them to take a break every 4 hours. Can I say to my employees that breaks are to be taken from 10 - 10:30 and from 2 - 2:30 daily. With the break being 15 minutes in length. We don't want to keep them from smoking. That is there choice. What we don't want is for them to do it every hour on the hour. Are there any laws that state that I am doing this incorrectly?

Break Time In Texas

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