Texas Law regarding lunch breaks

2922389 · July 2004

I am inquiring as to whether, according to Texas law, employees must take a lunch break and what the parameters are around that topic? I have an employee who wants to work straight through their lunch break and I just want to be sure there is not a legal issue in allowing that. In our facility all employee have lunch break from 11:30 - 12:30.
Please advise
Thanks
Shellie

MS HR · July 2004

Shellie,
There is nothing in the law that says an employee must take a lunch break.
Of course you must pay them for hours worked.
BUT, what about productivity the last hour of the day when hunger/fatigue is sure to set in?
BUT, what about other employee enjoying the "flex time" of working through lunch and going home an hour earlier. Will you cease operations then?
I SAY THE LUNCH HOUR SHOULD BE MANDATORY for overall employee morale and productivity sake as well as promoting overall employee health. Afterall, going without lunch every day is bound to have negative effects on one's body.

HR Diva · July 2004

I'm in Texas and no there is no law requiring lunch breaks.

karenmc · July 2004

While there is no law requiring employers to give employees a lunch break we highly recommend to them that they at least take 2 15 minute breaks during the day (and they do.) They usually leave early on Friday when they hit their 40 hours. So far we have not had a problem with the productivity with these individuals.

Whirlwind · July 2004

The above posts are correct that there is no Texas law requiring lunch breaks; however, you can require that they take one anyway.

We require our ees to take at least 30 minutes for lunch, partly to avoid the fatigue factor noted above, but mostly to avoid the situation where everyone wants to "work through their lunch and leave early." Often it turns out that "working through lunch" means eating at the desk while supposedly working. Plus, if we let everyone do it, every office would be empty from 4 - 5 p.m.

We do allow supervisors to make infrequent exceptions when the employee has a special occasion where they need to leave early.

pork1 · July 2004

29223989: WELCOME TO THE FORUM; The Federal law says Lunch breaks are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily, 30 minutes or more is considered by the FLSA to be enought for a bona fide meal period. A shorter period may be long enough in some situations or under special conditions. The employee is not relieved if he/she is required to do any work, whther directed or volunteered. The rest period must be restarted, when once again relieved.

Even the Federal Law does not require a meal break! Others have indicated that Texas Law does not either require a meal break. From my past experience with Federal Wage and Hour auditors they tend to lean on employers as being abusive to their employees if they work and employee for greater than 6 hours without a meal break in any shift. Therefore, I recommend your company consider as others have done, the health and welfare of the employee and the efficiency of the work force to do as others have done, put in place a company policy that dictates lunch periods and paid rest breaks of 15 minutes in a four hour period of work in the morning and another one in the afternoon 4 hour period of break.

May you have a Blessed day in the State of Texas, home of our President George W. Bush.

PORK

Texas Law regarding lunch breaks

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