Legal Question in Employment Law in Texas

Is it illegal for an employer to ask you to do job related activities on your breaks, lunches and days off? i.e. We are required to take part in development activities to further our careers. It is not optional but is required. Part of these development activities include meeting with managers and mentoring with other departments. I received an email this morning that we can only do this on days off, breaks and lunches. If this is indeed illegal how would you go about addressing the issue to the employer as to not have any negative impact on my employment or chance of furthering my career (whistleblower laws?) Thanks.


Asked on 3/30/10, 10:59 am

1 Answer from Attorneys
Ryan Bormaster D. Miller & Associates, P.L.L.C.

This is more serious than you may realize. Under the Fair Labor Standards Act (FLSA) they are required to pay you overtime for these activities if it places you at more than a 40 hour week. There is no defense for them if they do not. It could entitle you to back pay for up to 4 years as well as up to three times the amount you are owed and all attorney's fees. I am happy to discuss the situation with you. My Toll Free number is (866) 483-2649. I'm Ryan Bormaster and my legal assistant is Carrie Smith. Thanks

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Answered on 4/07/10, 12:29 pm


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