Breaks Under the Fair Labor Standards Act

In June of 2017, the United States Department of Labor announced that it would issue opinion letters to assist employers in interpreting the Fair Labor Standards Act. On April 12, 2018, the Department of Labor finally issued a statement that addressed whether the agency is required to pay employees when they take eight 15-minute work breaks under the Family Medical Leave Act (FMLA) during a shift. In its answer, the Department of Labor responded that work breaks that are less than 20-minutes must be paid because the Department of Labor considers these work breaks primarily for the benefit of the employer. In its opinion, the Department of Labor also noted that workers are not entitled to take an unlimited number of work breaks during the workday and then receive compensation for them. The Department of Labor, however, does note that employers are required to compensate workers with medical conditions or under FMLA for the same number of work breaks taken by co-workers.

Federal Requirements Concerning Meal and Rest Breaks

The Fair Labor Standards Act does not require employers to provide workers with either meal or rest breaks. Instead, states have split on the issue of whether to require work breaks for employees. While some states require meal and other work breaks, Texas is not one of them, which means that people who live in the state are not legally entitled to a meal or rest break. Again, the Fair Labor Standards Act (a federal law that applies in all 50 states) though provides that if an employer does give an employee a work break, it must be compensated if the work break is less than 20-minutes. 

Breaks for Workers with Medical Conditions

However, if workers (including employees in Texas) require breaks to help with medical conditions (i.e. FMLA or medical issues) employers might be required to take these needs into consideration and provide the employee with a work break. For example, nursing mothers are entitled to breaks under the Family Medical Leave Act, which applies to nursing mothers who are not exempt from overtime pay and who work for employers with at least 50 employees in a 75-mile radius.

What Constitutes a Break

Even though Texas is not one of the states that require employers to compensate for meal or other work breaks, employers in the state still must follow federal law. This mean that if a worker is not completely relieved of all his or her work duties, then the employer must compensate that worker for that time. If you are required to work during a break, an employer must compensate you for this period. Employers commonly violate this when they require you to clock-out for lunch, but you continue working while “on lunch” and clocked-out. An employer is also required to pay for short breaks (i.e. up to 20-minutes in length) that an employee is permitted to take during the day, which includes breaks up to 20 minutes long. These laws, however, only apply if an employer allows employees to take breaks.

Speak with a Knowledgeable Employment Law Attorney Today

If you have questions about whether you are entitled to meal or other work breaks, contact an experienced employment attorney like the legal counsel at Hermann Law. Our employment lawyers have significant experience in employment law and knows what it takes to make sure that workers are adequately compensated. Contact us today for an initial consultation 817-479-9229 or by submitting a request online.