Lunch breaks in Texas food service industry

[John/nyc]

What is the name of your state?What is the name of your state?What is the name of your state? Texas

Does Texas employment law exempt the food service industry from lunch break rules?

What are those rules?

I am making this inquiry on behalf of my daughter who is an Assistant Manager at a fast food restaurant. She is being required to work 12 and 14 hour days without a lunch break. Management (district level) tells them that they can eat when it is slow, but if a customer comes in they must serve the customer. There is no time allowed away from the job to eat lunch.


Any help will be appreciated,

John

 

[cbg]

Neither Federal nor Texas law requires any employer in any industry to provide any kind of break to any employee; exempt, non-exempt, full time, part time, minors, adults, what have you. It is entirely at the opt of the employer whether to provide breaks or not. This includes meal breaks.

Your daughter's employer is not in violation of any laws. I'm not saying I agree with their position, but nothing they are doing is illegal.

 

[John/nyc]

Neither Federal nor Texas law requires any employer in any industry to provide any kind of break to any employee; exempt, non-exempt, full time, part time, minors, adults, what have you. It is entirely at the opt of the employer whether to provide breaks or not. This includes meal breaks.

Your daughter's employer is not in violation of any laws. I'm not saying I agree with their position, but nothing they are doing is illegal.

Below is a cut and paste from the Q and A feature accessable from the home page of this site:


WHAT ARE MY RIGHTS ON TAKING LUNCH?

With the exception of the broadcasting and motion picture industries, the rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of not less than 30 minutes. However, the meal period may be waived by mutual consent if a work period of not more than six hours will complete the day's work. Unless the employee is completely relieved of duty, the meal period must be considered time worked. Also, if employees must eat on the premises, a suitable place for that purpose must be designated


This doesn't seem to square with your reply. Where did you get your information? I am aware that many statues and regulations in the area of employment law exclude certain job descriptions. Perhaps if someone can tell me how to access Texas law in this area I can do my own reading.

Thanks for trying to help,

John

 

[cbg]

There are several statements on the home page of this site that read as if they are Federal law, whereas actually they are the law in California only. This is one of them. I have brought this to the attention of the Free Advice administration before now but they have not paid any attention.

There are states where lunch breaks are required by law; Texas is not one of them. If you care to check with the Texas Workforce Commission you will find that I am right. The phone number is 512-463-0735.

I can't show you where to find it in the law because no law exists. There isn't going to be a law that says, "Employers don't have to offer breaks". Instead, there is the ABSENCE of a law that says, "Employers MUST offer breaks".

Believe me, I have had employees in both Texas and California. I know what I'm talking about.

 

[HomeGuru]

There are several statements on the home page of this site that read as if they are Federal law, whereas actually they are the law in California only. This is one of them. I have brought this to the attention of the Free Advice administration before now but they have not paid any attention.

**A: please email this thread to Mary and request a followup.

 

[cbg]

Will do, HG.

 

[John/nyc]

There are several statements on the home page of this site that read as if they are Federal law, whereas actually they are the law in California only. This is one of them. I have brought this to the attention of the Free Advice administration before now but they have not paid any attention.

There are states where lunch breaks are required by law; Texas is not one of them. If you care to check with the Texas Workforce Commission you will find that I am right. The phone number is 512-463-0735.

I can't show you where to find it in the law because no law exists. There isn't going to be a law that says, "Employers don't have to offer breaks". Instead, there is the ABSENCE of a law that says, "Employers MUST offer breaks".

Believe me, I have had employees in both Texas and California. I know what I'm talking about.

cbg,

Thanks for your help. I went to Cornell Law School site where there are links to statutes, constitutions, cases and regulations both federal and all the states. As you said, Feds and Texans are. as far as I could tell, silent.

John

 

[HomeGuru]

Will do, HG.

**A: Ok great. I just hate it when incorrect info is posted in that section of the website.