Legal Question in Employment Law in Texas

37.5 to 40 hour work week without compensation

My current employer was recently sold a year ago and our new parent company has changed our work week from 37.5 to 40 hours. While working 37.5 hours a week we were told only 45 minutes were allowed for lunch. We have been advised even though we are required to work 40 hours a week, our lunch is still only 45 minutes each day. We are also non-exempt employees, so we are paid hourly. We are not being compensated for the additional 2.5 hours we will be required to work each week. The only compensation we are receiving for this change is an additional 5 hours of vacation time each year.

My questions are:

1. Is it legal for this company to increase the work hours without compensation?

2. I�ve been told by my employer that the minimum time an employee can take for lunch is 30 minutes. Is the employer required to give a full hour for lunch if the employee is working 40 hours per week?


Asked on 4/29/04, 2:02 pm

1 Answer from Attorneys

Roger Evans Mathis & Donheiser

Re: 37.5 to 40 hour work week without compensation

1. It is illegal not to pay you for time actually worked.

2. There is no requirement to grant you a lunch time greater than 45 minutes.

Most importantly, you must be paid for each hour you work. The employer cannot "trade off" your legal right to be paid for vacation time.

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Answered on 4/29/04, 2:54 pm


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