• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

employer deducts breaks automatically -- legal?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I

Ignignokt

Guest
What is the name of your state? Texas
I recently learned that my employer is automatically deducting 30 minutes for a break if I work more than 6 hours, regardless if I take that break or not. This seems wrong to me, as they did not bother to tell me this when I was hired, nor is it listed in any of the employee literrature I was given. Any thoughts on this? AFAIK, Texas state law doesn't really touch on breaks, and only mentions that it is between the employee and the employer.
TIA
 


Beth3

Senior Member
Autmatically deducting 30 minutes for break time isn't illegal as long as the employee actually takes a 30 minute break. If you are being deducted for time you actually worked, then your employer is violating State and federal law.

Before you go running off to the DOL to file a complaint, I suggest you speak to your supervisor. It's not uncommon for "defaults" like this to be set up in the payroll system by someone who thought it was a great idea but isn't on the shop floor and doesn't realize how things actually work out there. On the other hand, your supervisor may not be entirely aware that he or she needs to "override" the payroll system.

Tell your supervisor what's happening and that you need to be paid for the breaktimes you've been deducted that you didn't take. Be sure to ask your supervisor (nicely) how this problem is going to be avoided going forward.

If that doesn't result in the problem being taken care of, then call Texas's Department of Labor and file a complaint.
 
Last edited:

cbg

I'm a Northern Girl
BTW, while your employer must pay you for your time if you do not take a break, they CAN require that you take one and discipline you (in any way they choose except docking you, up to and including termination) if you do not.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top