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Lunch breaks for exempt employees? Texas

On Lawyer & Legal » Employment & Labor Law

1,574 words with 3 Comments; publish: Wed, 26 Jul 2006 17:28:00 GMT; (80094.73, « »)

My wife works as an exempt employee in Texas. She is being asked to work from 8am - 7pm each day. She does not get a lunch break at all, or if she does she has to eat and work at the same time. She works in a pre-school so this working and eating means that she eats in a classroom full of kids.

Is this legal? Can her employer require her to work through lunch or get no lunch?

If not can you tell me where to get the data and what recourse she would have?

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  • 3 Comments
    • Oh well, that's what I feared. This is an independent company and the owner doesn't seem to care that she doesn't get lunch. Everyone else in the center does (including the only other exempt employee who gets a 1-2 hour lunch).

      What if not taking a lunch makes an employee physically ill. Is there anything she can do other than quit?

      #1; Thu, 27 Jul 2006 11:27:00 GMT
    • FLSA does not regulate lunch breaks and neither does the state of Texas. Breaks are at the discretion of the employer. Company policy would prevail under these circumstances. If your wife works in a union shop, her union rep should be able to tell her if the CBA calls for breaks. If this is not the case, her best recourse is to discuss the matter with her boss or HR and get confirmation on the company policy. Good luck!

      Useful links:

      http://www.dol.gov/esa/programs/whd/state/meal.htm

      http://www.dol.gov/esa/programs/whd/state/rest.htm

      #2; Wed, 26 Jul 2006 17:38:00 GMT
    • yes it is legal and working for a school system, I can tell you hours like those are not uncommon. Show me a teacher who only works a 7 hour day and I'll show you one who retired 5 years ago.
      #3; Wed, 26 Jul 2006 20:09:00 GMT