Texas Meal and Rest Break Laws
Texas meal and rest break laws largely follow federal FLSA guidelines, allowing paid short breaks of 5 to 20 minutes but no mandatory meal breaks except in certain hazardous industries and for teachers, while minors follow the same break rules with additional work hour restrictions, mothers are entitled to reasonable breastmilk pumping breaks with private accommodations for up to one year postpartum, and retail employees working over 30 hours weekly must receive one 24-hour day off per week with religious accommodations.
The Federal Fair Labor Standards Act (FLSA) provides workers short comfort breaks. Some states make additional laws governing work breaks, including Texas.
Do Texas Break Laws Differ From Federal Break Laws?
Texas law follows FLSA, which allows for paid breaks of 5 to 20 minutes for purposes such as using the restroom. The Texas Guidebook for Employers defines these as “coffee breaks” and “smoking breaks,” with no specified limit under the law as long as they don’t exceed 20 minutes. There are no mandated lunch breaks in the law, but if an employer provides a lunch break of 30 minutes or more where workers are relieved from duty, that time is unpaid.
Texas Meal Break Laws
Texas law makes no provision for mandatory worker meal breaks except in certain highly hazardous industries like nuclear plants or steel erection. The Texas Education Code allows a 30-minute lunch break for teachers free from duties or supervising students.
Texas Break Laws for Minors
The same break laws apply to minors as adults; however, minors fall under laws governing how many hours per day and week they’re allowed to work and in what industries they may be employed.
Texas Break Laws for Mothers
Texas Health and Safety Code mandates that mothers in most industries may take reasonable breaks as frequently as needed for the purposes of pumping breastmilk for up to one year after the child is born. The employer must provide a private space with a door that closes (other than a bathroom) for this purpose, along with a sink with running water and a refrigerator to store the breastmilk.
Texas Day of Rest Laws
Texas law allows employers complete control over how workers are scheduled, with the exception of the retail industry. Employees in the retail sector who work more than 30 hours per week must be given one 24-hour period off in a week. Religious discrimination laws allow employees to choose that period for the purposes of worship, unless they work at a business of less than 15 employees or the employer can show that request causes hardship.
FLSA dictates that any employee who works more than 40 hours in 7 days must be paid overtime.
Texas Break Room Requirements
There is no law in Texas requiring employers to provide a dedicated break room.
Texas Penalties for Breaking Rest and Break Laws
Retail employers may face a Class C misdemeanor for violating the law allowing workers 1 day off per week.
Common Texas Break Law FAQs
How many breaks in a 6-hour shift in Texas?
Texas law does not mandate any breaks in a 6-hour shift.
How many breaks in an 8-hour shift in Texas?
Texas law does not mandate any breaks in an 8-hour shift.
How many breaks in a 12-hour shift in Texas?
Texas law does not mandate any breaks in a 12-hour shift.
Is it legal to work 7 days straight in Texas?
It is legal to work 7 days straight in Texas, unless you are employed in the retail sector. In that case you are entitled to 1 day off in 7.
Can I waive my lunch break in Texas?
Whether a lunch break is provided and whether you can waive it is entirely at the discretion of your employer.
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