Legal Question in Employment Law in Texas

Can my employer dock me 30 minutes for lunch from each 8 hour shift, even if I don't go to lunch?


Asked on 5/25/10, 7:34 pm

1 Answer from Attorneys

Joe Gilbreath The Gilbreath Law Firm, PLLC

Neither the Fair Labor Standards Act (FLSA) or applicable regulations require that you receive a lunch break. If your work schedule is in excess of eight hours and allows you to break for lunch so that your work time does not include a lunch period, then you most be paid for the additional time you work during the time when you are supposed to be off for lunch. The employer under the FLSA must keep accurate records and pay for time worked. The employer may allow you to break during work time, but does not have to do so. So employer's have been known to tell employees to log out during lunch and then actually work during this time. Such is a clear violation of legal requirements with respect to pay and reporting requirements.

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Answered on 5/26/10, 1:12 pm


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