How Many Breaks Are Required By Law In Texas?

How Many Breaks Are Required By Law In Texas
How Many Breaks Are Required Per Shift in Texas? – Since there are no Texas labor laws on breaks, there’s no requirement for a certain number of breaks during a 7- to 8-hour shift. That said, it’s common for workplaces to provide one 30-minute meal break and two 15-minute rest breaks in that time.

Do Texas employers have to give breaks?

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Breaks are a common source of confusion for employers. As noted elsewhere in this book, with only one exception (see below), neither the FLSA nor Texas law requires employers to give breaks during the workday, but if breaks are given, certain rules apply under federal law, and employers can impose their own conditions on the use of break time.

Some cities in Texas may have their own ordinances on breaks, such as Austin, which in 2010 began to require at least one ten-minute break per four-hour shift for construction workers in that city.
Rest or coffee breaks, defined as 20 minutes or less, are compensable hours worked under 29 C.F.R.785.18, since they are regarded as being for the benefit of both the employer and the employee.

Smoking breaks are not required under Texas or federal law, but if a company allows such breaks, they count as rest breaks. Companies can adopt whatever policies they want to regarding smoking breaks. No matter how many rest/coffee/smoking breaks an employees takes, they are compensable, even if the employee took more breaks than allowed.

Meal breaks, on the other hand, are not compensable, as long as they are at least 30 minutes in length and the employee is “completely relieved from duty for the purpose of eating a regular meal” (see 29 C.F.R.785.19 ).
Shorter meal breaks may be considered valid under special circumstances.
Such breaks are a matter of company policy.

Since they are optional, an employer can allow meal breaks, or not. If meal breaks are allowed, the employer can impose conditions on them, such as when they occur, how long they are, where they may or may not be taken, and whether any particular consumables are disallowed (such as alcoholic beverages).

The most frequent pitfall for employers is thinking that employees have true meal breaks if they are allowed to eat at their desks while answering phones, opening mail, sorting files, and so on.
Such duties performed while trying to eat will render the time spent during the meal break compensable.
While employers should not insist that an employee actually eat something during a meal break, they may prohibit any kind of work during such time and may require employees to leave their desks or work stations during the allotted meal break times.

Employers may control unauthorized work during meal breaks, or excessive or unauthorized breaks, by the disciplinary process, Only one type of break is actually required under the law. Under the 2010 health care reform law, the FLSA now requires employers to allow reasonable break times for a nursing mother for the purpose of expressing breast milk for her baby during the first year following the birth of the child.

Presumably, the same law would allow the mother to nurse her child if employees’ children are allowed in the workplace. The law applies only to non-exempt employees, i.e., those who are entitled to overtime pay if they work overtime, and it exempts employers with fewer than 50 employees if to provide such breaks would be an undue hardship for the business.

Such breaks do not have to be paid. DOL will need to adopt regulations defining what is meant by “reasonable” in terms of break time. For more information, see “Nursing Mothers” in this book. Violations of any kind of break policy should be handled just like any other rule violation in terms of corrective action,

Are 15 minute breaks mandatory in Texas?

Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector California 4 ½ hour, if work is for more than 5 hours per day, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.

On-duty meal period counted as time worked and permitted only when nature of work prevents relief from all duties and there is written agreement between parties. Employee may revoke agreement at any time. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.

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The Industrial Welfare Commission may adopt working condition orders permitting a meal period to start after 6 hours of work if the commission determines that the order is consistent with the health and welfare of the affected employees. Administratively issued Industrial Welfare Commission Orders, and California Labor Code section 512.

Uniform application to industries under 14 Orders, including agriculture and private household employment.
Exempts employees in the wholesale baking industry who are subject to an Industrial Welfare Commission Wage Order and who are covered by a valid collective bargaining agreement that provides for a 35-hour workweek consisting of five 7-hour days, payment of 1 and ½ times the regular rate of pay for time worked in excess of 7 hours per day, and a rest period of not less than 10 minutes every 2 hours.

Exceptions apply to motion picture or broadcasting industries pursuant to Labor Code sections 512 and 226.7, and Industrial Welfare Commission Wage Orders 11 and 12. Colorado ½ hour if work shift exceeds 5 consecutive hours. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties.

Administratively issued Wage Order for 4 industries Applicable to retail and service, food and beverage, commercial support service, and health and medical industries. Exempts administrative, executive/supervisor, professional, outside sales employees, elected officials and their staff, companions, casual babysitters, and domestic employees employed by households or family members to perform duties in private residences, property managers, interstate drivers, driver helpers, loaders or mechanics of motor carriers, taxi cab drivers, and bona fide volunteers.

Also exempt are: students employed by sororities, fraternities, college clubs, or dormitories, and students employed in a work experience study program and employees working in laundries of charitable institutions which pay no wages to workers and inmates, or patient workers who work in institutional laundries.

Connecticut ½ hour at some time after first 2 hours and before last 2 hours for employees who work 7½ consecutive hours or more. Statute Excludes certain professional employees certified by the State Board of Education, and any employer who provides 30 or more total minutes of paid rest or meal periods within each 7½ hour work period.

Meal period requirement does not alter or impair collective bargaining agreement in effect on 7/1/90, or prevent a different schedule by written employer/employee agreement. Labor Commissioner is directed to exempt by regulation any employer on a finding that compliance would be adverse to public safety, or that duties of a position can be performed only by one employee, or in continuous operations under specified conditions, or that employer employs less than 5 employees on a shift at a single place of business provided the exemption applies only to employees on such shift.

Delaware ½ hour, at some time, after first 2 hours and before the last 2 hours, for employees who work 7½ consecutive hours or more.
Statute Excludes certain professional employees certified by the State Board of Education, and workplaces covered by a collective bargaining agreement or other written employer/employee agreement providing otherwise.

Exemptions may also be granted where compliance would adversely affect public safety; only one employee may perform the duties of a position, an employer has fewer than five employees on a shift at a single place of business; or where the continuous nature of an employer’s operations requires employees to respond to urgent or unusual conditions at all times and the employees are compensated for their meal break periods.

An administrative penalty of up to $5,000 for each violation may be assessed an employer who discharges or discriminates against an employee for complaining or providing information to the Delaware Department of Labor pursuant to a violation of this requirement. Illinois At least 20 minutes, no later than 5 hours after the start of the work period, to employees who work 7 ½ continuous hours or more.

Each hotel room attendant – those persons who clean or put guest rooms in order in a hotel or other establishment licensed for transient occupancy – shall receive one 30-minute meal period in each workday in which they work at least seven hours. Statute Excludes employees whose meal periods are established by collective bargaining.

Different requirements apply to employees who monitor individuals with developmental disabilities and/or mental illness and certain private employees licensed under the Emergency Medical Services Systems Act. Hotel room attendant rules apply only to an establishment located in a county with a population greater than three million.

Hotel room attendants may not be required to work during a break period. Break area must be provided with adequate seating and tables in a clean and comfortable environment. Clean drinking water must be provided without charge. Employer must keep complete and accurate records of the break periods.

Entucky Reasonable off-duty period, ordinarily ½ hour but shorter period permitted under special conditions, between 3rd and 5th hour of work. Not counted as time worked. Coffee breaks and snack time not to be included in meal period. Statute and regulation Excludes employers subject to Federal Railway Labor Act.

Meal period requirement does not negate collective bargaining agreement or mutual agreement between employer and employee. Maine 30 minutes after 6 consecutive hours, except in cases of emergency. Statute Not applicable to places of employment where there are fewer than 3 employees on duty at any one time and the nature of the work allows those employees frequent paid breaks during the workday.

Not applicable if collective bargaining or other written employer-employee agreement provides otherwise.
Maryland 15 minute break for 4-6 consecutive hours or a 30 minute break for more than 6 consecutive hours.
If an employee works 8 or more consecutive hours, the employer must provide a 30-minute break and an additional 15 minute break for every additional 4 consecutive hours worked.

Statute Applies to retail establishments. To clarify, a retail establishment is an employer whose primary purpose is to sell goods to a consumer with the consumer present in the retail establishment at the time of sale, and does not include restaurant or wholesalers.

This law applies only to employers who are engaged in a retail business (or who own retail establishment franchises with the same trade name) with 50 or more retail employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. Employees who work in certain retail establishments are entitled to a non-working shift break depending upon the number of hours worked.

Massachusetts 30 minutes, if work is for more than 6 hours during a calendar day. Statute Excludes iron works, glass works, paper mills, letter press establishments, print works, and bleaching or dyeing works. The Attorney General may grant exemption to a factory or workshop or mechanical establishment, if in discretion of the Attorney General, it is necessary by reason of continuous process or special circumstance, including collective bargaining agreement.

Minnesota Sufficient unpaid time for employees who work 8 consecutive hours or more. Rest periods of less than 20 minutes may not be deducted from total hours worked. Statute Excludes certain agricultural and seasonal employees. Meal period requirement does not prohibit different provisions under collective bargaining agreement.

Nebraska ½ hour, off premises, for lunch in each 8-hour shift. Statute Applicable to assembly plant, workshop, or mechanical establishment, unless employee is covered by a valid collective bargaining agreement or other written agreement between an employer and employee.

Nevada ½ hour, if work is for 8 continuous hours.
Statute Applicable to employers of two or more employees.
Excludes employees covered by collective bargaining agreement Labor Commissioner may grant exemption on employer evidence of business necessity.
New Hampshire ½ hour, after 5 consecutive hours, unless feasible for employee to eat while working and is permitted to do so by employer.

Statute Applicable to any employer. New York 1 hour noon-day period Statute Factories Labor Commissioner may give written permission for shorter meal period under each standard. 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.

Statute All other establishments and occupations covered by the Labor Law.
An additional 20 minutes between 5 p.m.
And 7 p.m.
For those employed on a shift starting before 11 a.m.
And continuing after 7 p.m.
Statute All industries and occupations.
1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m.

and 6 a.m. Statue See basic standard North Dakota ½ hour, if desired, on each shift exceeding 5 hours. Administratively issued Minimum Wage and Work Conditions Order. Applicable when two or more employees are on duty. Collective bargaining agreement takes precedence over meal period requirement.

Employees who are completely relieved of their duties do not have to be paid. Oregon ½ hour, with relief from all duty, for each work period of 6 to 8 hours, between 2nd and 5th hour for work period of 7 hours or less and between 3rd and 6th hour for work period over 7 hours; or, less than ½ hour but not less than 20 minutes, with pay, with relief from all duty, where employer can show that such a paid meal period is industry practice or custom; or, where employer can show that nature of work prevents relief from all duty, an eating period with pay while on duty for each period of 6 to 8 hours.

Administrative Applicable to every employer, except employees covered by collective bargaining agreement. In absence of regularly scheduled meal periods, it is sufficient compliance when employer can show that the employee has, in fact, received the time specified (permitted only where employer can show that ordinary nature of the work prevents employer from establishing and maintaining a regularly scheduled meal period).

Rhode Island All employees are entitled to a 20 minute mealtime within a six hour work shift, and a 30 minute mealtime within an eight hour work shift. Statute Uniform application to all employees except to an employer of a licensed health care facility or an employer who employs less than three people on any shift at the worksite.

Tennessee ½ hour for employees scheduled to work 6 consecutive hours or more. The meal break shall not be scheduled during or before the first hour of scheduled work activity. Statute Applicable to every employer, except in workplace environments that by their nature of business provide ample opportunity to take an appropriate meal break.

An employer may waive the right to a thirty-minute unpaid meal break pursuant to the voluntary written request of an employee who is principally employed in the service of food or beverages to customers and who, in the course of such employment, receives tips and reports the tips to the employer.
Vermont Employees are to be given “reasonable opportunities” during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee.

21V.S.A. Section 304 Universal application Washington ½ hour, if work period is more than 5 consecutive hours, to be given not less than 2 hours nor more than 5 hours from beginning of shift. Counted as worktime if employee is required to remain on duty on premises or at a prescribed worksite.

Additional ½ hour, before or during overtime, for employees working 3 or more hours beyond regular workday. No employee shall be required to work more than five consecutive hours without a meal period. Administrative regulation Excludes newspaper vendor or carrier, domestic or casual labor around private residence, sheltered workshop, and agricultural labor.2 Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees if the terms of the agreement specifically require meal periods and prescribe requirements concerning them.

Director of Labor and Industries may grant variance for good cause, upon employer application. West Virginia 20 minutes for employees who work 6 hours or more in a workday. Statute Applicable to every employer. Meal period is required where employees are not afforded necessary breaks and/or permitted to eat lunch while working.

Guam ½ hour, after 5 hours, except when workday will be completed in 6 hours or less and there is mutual employer/employee consent to waive meal period.
Not considered time worked unless nature of work prevents relief from duty.
Statute Excludes agriculture where fewer than 10 are employed, domestic employment, and fishing industry, among others.

Puerto Rico 1 hour, if work period is longer than 5 consecutive hours, to begin after end of 2nd but before beginning of 6th consecutive hour worked, except when workday will be completed in 6 hours or less, meal period may be waived. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period, except that if the total hours worked is no more than 12 hours, the second meal period may be waived if the first meal period was not waived.

Time and a half pay required for work during meal hour or fraction thereof, except any employee entitled to a higher rate prior to 1/26/17 may continue to receive that higher rate.
Statute Excludes, among others, administrators, executives, professionals, travel agents, labor union officials or organizers, certain drivers, domestic service employees, public sector employment, and certain employees covered by collective bargaining agreements.

By written agreement of the employer/employee, meal period may be shortened to not less than 30 minutes, and to not less than 20 minutes for croupiers, nurses, security guards, and anyone else authorized by the Puerto Rico Secretary of Labor. Such agreements remain valid indefinitely, and neither party may withdraw consent, without the consent of the other, until 1 year after agreements’ effectiveness.

Does OSHA require 15 minute breaks?

What Are the OSHA Requirements for Breaks During a 12-Hour Shift? By Joe Stone Updated June 29, 2018 An eight-hour workday is standard for most workers, with time given for lunch and one or two short rest breaks. Workers putting in a 12-hour shift reasonably expect a meal time and additional breaks.

However, the regulations of the Occupational Safety and Health Administration do not require employers to give rest breaks or meal breaks to employees, no matter how many hours they work. The only comment OSHA makes about work breaks is that short rest breaks of between 5 to 20 minutes must be paid time for the employee.

Any laws requiring employee breaks are mandated by state governments. OSHA is part of the U.S. Department of Labor and is responsible for assuring safe and healthful working conditions for employees. OSHA establishes and enforces workplace standards that require employers to keep their workplace free of recognized hazards that can cause serious injury or fatalities.

However, OSHA has no regulations or standards that require an employer to provide employees with rest breaks or meal breaks.
According to the Department of Labor, no federal laws require employers to provide rest or meal breaks during the workday.
Although OSHA does not regulate workplace breaks and meals, it does handle whistle-blower complaints that involve safety-related work hour violations.

For example, federal law regulates the number of hours a commercial truck driver can drive consecutively in a day and the total hours he can drive in one week. Drivers who are discriminated against by their employer for complaining about work hour violations can report the matter to OSHA for investigation.

The violation of work hour rules for drivers is considered a health and safety hazard. Potential workplace hazards, such as noise levels or air contaminants, are subject to OSHA regulation regarding the number of hours an employee can be exposed to the hazard. For example, OSHA regulations establish permissible exposure limits for a single air contaminant in the workplace during a regular eight-hour work shift and extended work shifts.

The regulations instruct employers on how to calculate the permissible amount of time an employee can be exposed to the contaminant. Similar OSHA regulations apply to the decibel level of noise in the workplace. To find out if an employer is required to provide rest breaks or meal breaks during the workday, seek out the law in your particular state.

What is the legal break time for a 8 hour shift?

Rest breaks if you’re over school leaving age but under 18 – If you’re over school leaving age but under 18, you can’t usually work for more than 8 hours per day or 40 hours per week. You’re usually entitled to:

a 30 minute rest break if you work for more than 4 hours and 30 minutes in a day 12 hours rest between each working day 2 rest days per week

There are limits on the hours you can work at night if you’re over school leaving age but under 18. You can’t usually work between:

10pm and 6am – if your contract says you have to work after 10pm, you must finish by 11pm and not start again until 7am midnight – 4am

There are some exceptions, for example for people who work in hospitals, agriculture, retail work, hotels, catering, bakeries, post/newspaper deliveries or people who work in connection with cultural, artistic, sporting or advertising activities.

What is the work break rule in TX?

How Many Breaks Are Required Per Shift in Texas? – Since there are no Texas labor laws on breaks, there’s no requirement for a certain number of breaks during a 7- to 8-hour shift. That said, it’s common for workplaces to provide one 30-minute meal break and two 15-minute rest breaks in that time.

How many hours can an employee work without a break?

Rest breaks at work – A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.

What are OSHA standards for breaks?

Breaks – Most California workers must receive the following breaks:

An uninterrupted 30-minute unpaid meal break when working more than five hours in a day.
An additional 30-minute unpaid meal break when working more than 12 hours in a day.
A paid 10-minute rest period for every four hours worked.

Certain workers, such as domestic workers and farm workers, are covered by different meal and rest break laws. Additional information on meal periods and rest periods can be found on the Labor Commissioner’s website. When working outdoors, workers have additional rights to prevent heat illness.

Does OSHA require a break every 2 hours?

California Rest Breaks – In California, employers must allow nonexempt employees to take a rest period. The rest must be in the middle of the shift, if possible. If circumstances don’t allow the employee to take a break at the preferred time, then the employer must provide the employee their break at a different time.

The amount of rest time the employee receives corresponds to the length of their shift. Employees must get 10 consecutive minutes for a break every 4 hours. If the employee works a fraction of their work that is 2 hours or more, then they must receive a break. Any employee who works 3 ½ hours or more must receive a break.

Rest breaks are counted as work and the employee must be paid for the rest time. Even though rest periods are paid time, employers cannot require the employee to stay on work premises. The employee must be relieved of all work-related activities during the break.

Is lunch required by law in Texas?

Give me a Break: Are Texans entitled to Lunch breaks? Aside from New York’s magnificent architectural treasures and California’s amazing weather and beautiful beaches, what sets these two states apart from Texas? New York and California have strict requirements for employers to provide meal and rest breaks to employees, while Texas does not.

Under Texas law, there is no requirement for employers to provide meal breaks to employees. Similarly, the federal Fair Labor Standards Act (“FLSA), does not mandate meal breaks. Thus, Texas employees are not entitled a meal break. However, the FLSA requires employers to provide nursing mothers reasonable break times, usually about 30-minutes, to express breast milk, or if children are allowed in the office, to nurse their infants, during the first year after the baby’s birth.

This requirement only applies to non-exempt employees (i.e., those who are entitled to overtime pay for overtime work), and it exempts employers with less than 50 employees if it causes an undue hardship for the employer to provide such breaks. Despite the absence of a legal requirement to offer breaks to employees, many employers voluntarily offer such breaks for the sake of the health and productivity of its workforce.

However, if an employer chooses to offer breaks, it must adhere to federal regulations.
For example, federal law requires that employees be paid for hours worked.
If the employer offers a meal break of at least 30-minutes during which the employees does not perform any job-related tasks, then the employer does not have to compensate the employee for the lunch break.

However, if the employee is required to work during the break, then the employer must pay the employee for the lunch break. Additionally, if an employer provides a rest break that is 20 minutes or less in duration, it must pay the employee for that break, since such breaks are regarded as promoting productivity and efficiency on the part of the employees and thus benefit the employer.

If an employer chooses to provide meals break, the breaks must not be provided in a discriminatory manner. In other words, an employer cannot deny a meal break to a specific employee based on sex, race, disability, national origin, age, or religion. If an employer engages in such discriminatory practices, the employee may file a charge of discrimination with the Equal Employment Opportunity Commissions and/or the Texas Workforce Commission.

Moreover, if an employer provides a rest break (20 minutes or less) or requires that work be performed during a designated meal break, then the employer must pay the employee for that break as if it were part of the workday. If the employer fails to pay the employee, the employee may file a wage and hour violation complaint to seek compensation for denied wages.

If your employer offers meal breaks and has denied you a meal break based on your race, age, national origin, religion, or disability, schedule a consultation with me to discuss your rights and actions you may pursue against your employer. Similarly, if your employer offers rest breaks (20-minutes or less) and/or requires you to work during your designated meal break but does not pay you for the rest break or meal break, you should also schedule a consultation with me to discuss your rights and actions you may pursue against your employer.

If you are a nursing mother who requires a break to express milk or nurse, but your employer refuses to allow you to take any such break, schedule a consultation with me to discuss your rights and actions you may pursue against your employer. New York may have cool infrastructure and California may have awesome weather, but you never mess with a Texan.

Does OSHA have a 16 hour rule?

Extended and Unusual Shifts – Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift.

Is it illegal to not have a break on a 8 hour shift?

Breaks during the working day – An employee has the right to an uninterrupted break of at least 20 minutes if they work more than 6 hours in a day. The employee has the right to take this break:

away from their workstation (for example, away from their desk) at a time that’s not the very start or end of the working day

This break is unpaid unless either:

the employment contract says it’s paid both sides agree it’s paid

Does Texas have labor laws?

State labor law – Texas | Homebase Texas Record-Keeping LAws Regarding, under the Fair Labor Standards Act (FLSA) and others, you must: For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records.

Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves. For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages.

Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements. For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.

Other record-keeping laws that may apply to you: Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years. You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end.

You must also retain summary descriptions and annual reports of benefits plans for six years. If your company is covered by the Family and Medical Leave Act, you must also of leaves, notices, policies, and more for three years. : State labor law – Texas | Homebase

How many hours can you legally work in a day in Texas?

Work schedules are up to an employer to set and enforce, i.e., scheduling of employees is entirely within the employer’s control, and it is up to the employees to comply with the schedule that is given to them. With only extremely narrow exceptions relating to certain regulated industries or collective bargaining agreements, adults, as well as youths ages 16 or 17, may work, and/or may be required to work, unlimited hours each day (the only limits are employee morale, practical realities, and common sense in general).

One exception to the unlimited hours rule in Texas is for employees in the retail sector.
A retail employer must allow full-time employees (defined in the following statute as those who work more than 30 hours in a week) at least one 24-hour period off in seven, i.e., each week, the employee must be allowed to have a day off.

See the following link for the statute in question: Section 52.001 of the Texas Labor Code. For an even narrower exception for employees who have been continuously employed with the same retail business since August 31, 1985, see Section 52.002, Another exception pertains to employers with 15 or more employees: due to religious discrimination laws, in the case of employees who do not want to work at a particular time for reasons related to observance of their religion, failure to allow reasonable time off for religious observances may potentially be considered an act of religious discrimination, unless the company can show that it would be an undue hardship to accommodate an employee’s need for time off for the religious observance.

The only exception is for nurses (RNs and LVNs) – under Texas Health and Safety Code Section 258.003, mandatory overtime for RNs and LVNs is permissible only in disaster and other emergency situations. For purposes of this law, “mandatory overtime” is defined as work time above and beyond the normal pre-scheduled shifts ( Section 258.002 ). Thus, while such a nurse can be required to work a schedule of 50 or more hours per week (with payment of overtime pay for any nurse who is non-exempt), they cannot be required to work beyond what they were told they would have to work, unless an emergency situation demands additional hours beyond the pre-scheduled shifts.

Under the employment at will doctrine, an employer can change an employee’s hours with or without notice. However, excessive application of flexible / just-in-time scheduling can lead to turnover – see below. No Texas or federal law requires advance notice of overtime or schedule changes, but as with most employee relations matters, it is a good idea to give as much advance notice as possible when informing employees of extra work or changes in their hours; sudden and adverse changes in hours, or burdensome overtime requirements announced with little or no notice, can under some circumstances amount to good cause connected with the work for an employee to resign, resulting in potential unemployment insurance eligibility for the employee who resigned.

Any such employee would have the burden of proving that a reasonable employee would have resigned under the circumstances, and in addition would have to show that they gave reasonable notice to the employer that they were so dissatisfied over the schedule change that they were considering resigning from the company.

When using scheduling software, try to avoid the downsides of flexible scheduling such as “clopenings” (the same employee works late, closes the store, and opens again a few hours later), insufficient notice of duty times (leading to unavoidable lateness), split shifts, burnout, distractions related to family concerns, and the like.

Although some states require what is known as “show-up pay” (a minimum amount that is paid to employees who show up for work, only to be sent home early or with no work at all), no Texas or federal law requires such a payment; however, it is best to express the employer’s policy on that issue clearly in a written policy, one way or the other.

For a sample policy regarding work schedules and compliance with company timekeeping procedures, click here,

Are breaks required by law in Oklahoma?

– Neither federal nor state law requires employers to provide breaks to employees that are 16 or older. Oklahoma Child Labor Laws require mandatory break and lunch periods for 14 and 15-year-old workers. Otherwise, breaks and lunch periods are considered benefits and remain at the discretion of the employer.

Do you get a 15 minute break for working 4 hours in PA?

10. What is the Law Regarding Breaks and Meal Periods? – Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over.

How many breaks in a 12 hour shift in Tennessee?

Tennessee Law Requires Meal Breaks – A number of states follow the federal law: They don’t require meal or rest breaks, but they require employers to pay for any short breaks allowed (and to pay for all time an employee spends working, whether or not the employee is eating at the same time).

Tennessee law requires employers to provide a meal break, but no rest breaks. In Tennessee, employers must provide a 30-minute break to employees who are scheduled to work at least six consecutive hours. This break may be unpaid. Employers who have at least five employees are covered by this law. However, employers don’t have to provide a meal break if the employee’s work allows ample time for breaks throughout the workday.

Employees who work in food or beverage service (such as wait staff and bartenders) and receive tips may waive their right to a meal break. Employers may not coerce employees into waiving this right. However, if an employee asks to waive the meal break, knowingly and voluntarily, in writing, and the employer consents to the request, it may be waived.

How many breaks do you get in a 12 hour shift OSHA?

Rest Breaks: Employees who work 12 hours per day are also entitled to at least three 10-minute rest breaks. If the employee was not provided any of these rest breaks, the employee is entitled to an additional one hour pay at the regular rate.