Tyler Lunch Break Violations Attorney

Fighting For Those Who Have Experienced Lunch Break Violations 

In Texas, employees can take meal breaks without fear of retaliation or wage theft. Unfortunately, many employers fail to provide proper meal breaks, deny compensation for missed breaks, or penalize workers who try to take them. These lunch break violations violate state and federal labor laws and undermine employees' well-being. You may be entitled to compensation if you believe your employer has unlawfully denied you meal breaks. At Hommel Law Firm, our Tyler lunch break violations lawyer can help you understand your rights and pursue a claim against your employer

Contact Hommel Law Firm today at (903) 412-3788 or contact us online to schedule a consultation with our meal break violations lawyer in Tyler.

What is the Federal Law on Lunch Breaks?

Under the Fair Labor Standards Act (FLSA), lunch breaks are defined as breaks of 30 minutes or longer, which are solely for the purpose of eating a meal. The employee must not be working at the same time and be “fully relieved of duties” during this period. If the employee is working while eating, then the lunch break is considered to be regular work time.

Paid vs. Unpaid Breaks in Texas

Understanding Texas work break laws and meal break violations can be confusing, but the state does offer definitions for meal and rest breaks. Generally speaking, a rest break is classified as a paid break during the workday that lasts 20 minutes or less. Federal law requires you to be paid for any break which lasts up to 20 minutes. Also, if your employer does not allow you at least 20 minutes to eat your meal, you should be paid for that time.

The Texas Workforce Commission Texas Guidebook for Employers defines a meal break as unpaid, at least 30 minutes, and the employee is entirely relieved from their workplace duties. To differentiate them from paid rest breaks, you may see these 30-minute, unpaid meal breaks referred to as “bona fide meal breaks.”

Common Meal Break Violations

Situations that constitute a meal break violation include:

• Discriminating against employees when allowing rest and meal breaks
• Forcing an employee to work through their unpaid meal period
• Violating employment contracts that specify meal or rest breaks
• Abuse of overtime regulations because of meal break violations
• Retaliation or unjust disciplinary actions after refusing to work through an unpaid break

Another common break violation is when employers deduct what should be paid breaks from your pay. For example, if you are allowed short rest breaks of 5-20 minutes, these should be paid. If your employer deducts this from your paycheck, they have committed a wage violation.

How Many Breaks in a 12-Hour Shift in Texas?

In Texas, there are no labor laws in breaks, so employees do not have a right to breaks and employers are not required to provide a certain number of breaks even during a 12-hour shift. However, it is common for workplaces to provide one meal break (30 mins.) and two rest breaks (15 mins. each) during a shift.

Even though Texas employers are not required to provide their employees with breaks, under federal law, employers must pay their employees for any time they are working and for short breaks during the day. If an employer provides employees with a long meal break when the employee is not working, then the employer does not have to pay for that time.

Dealing with Texas Meal Break Violations

The key to understanding Texas work break laws and meal break violations is acknowledging that all employees must be paid for the work they perform. When an employer fails to do so, an offense has been committed. For example, if an employer elects to provide their employees unpaid meal breaks and then forces an employee to work through that break and does not pay them for that work, they have committed a meal break violation. When this happens, you should consult an experienced employment lawyer.

If you suspect you are a victim of a lunch break law violation in Texas:

• Document the incident(s), including all contextual information such as dates, times, and who else was working when the incident(s) occurred
• Keep track of the lost wages that have resulted from the meal break violations
• Start keeping a record of your worked hours and breaks
• Start a record of all received pay, and save all paystubs
• Find out if any corroborating witnesses support your claim

Suppose you witness meal break discrimination or other meal break violations in your workplace. In that case, you, too, should consult with a lawyer, especially if you fear or have suffered retaliation after reporting meal break violations. Employers should be held accountable for their actions, and you deserve protection from unjust punishment.

What Damages Could I Recover in a Meal Break Violation Claim?

By filing a meal break violation claim, you could recover a variety of damages, including:

• Unpaid Wages: The most direct form of compensation in a lunch break violation claim is unpaid wages. If your employer denied you a meal break or required you to work through your break without proper compensation, you are entitled to recover those unpaid wages.
• Penalties and Liquidated Damages: In addition to recovering unpaid wages, you may be entitled to penalties and liquidated damages. Texas labor laws provide for these additional financial penalties to deter employers from engaging in unlawful practices. Liquidated damages often equal the amount of unpaid wages, effectively doubling the compensation you may receive.
• Interest on Unpaid Wages: If your claim involves unpaid wages, you may also be entitled to interest. Interest is calculated from the date the wages were due until you receive payment. This ensures that you are fully compensated for the time value of money you should have received.
• Emotional Distress and Punitive Damages: In some cases, lunch break violations can lead to more than just financial losses. If your employer’s conduct was particularly egregious, you may be entitled to compensation for emotional distress and punitive damages. Emotional distress damages are awarded to compensate you for the mental anguish, anxiety, and stress caused by the violation. On the other hand, punitive damages are designed to punish the employer for willful misconduct and deter similar behavior in the future.
• Reinstatement or Injunctive Relief: In addition to monetary damages, some employees may seek reinstatement to their previous position or injunctive relief to stop ongoing violations. If your employer retaliated against you for asserting your right to meal breaks, you could be entitled to reinstatement to your job. Injunctive relief may be appropriate when the employer continues violating lunch break laws, requiring them to change their policies or practices.

Contact Our Lunch Break Violations Lawyer in Tyler Today

Regardless of the specific meal break rules your employer lays out, you and your coworkers deserve to be paid for your work hours. I am board-certified in labor and employment law, and I have extensive experience handling meal break violation cases in Tyler. I know that taking your employer to court is a big deal, and many clients report feeling scared to speak up when their rights are violated. Hommel Law Firm has tried over 100 lawsuits to jury verdicts, and I am not afraid to stand up for you in court. We can help you understand Texas work break laws and whether your employer violated your lunch break requirements in Texas. Contact us for a case consultation.

Hommel Law Firm has a no-fee guarantee. I don’t get paid unless you win your case. Call our Tyler lunch break violations lawyer today at (903) 412-3788 or fill out a case questionnaire online.

Lunch Break Violations in Texas

Were You Forced to Work Through Your Meal Break?

In Texas, there is no rule mandating meal or rest breaks. There is no federal mandate requiring them either. Because of this, paid and unpaid breaks are handled at the discretion of individual employers. Some have instituted their own break policies, and some provide for meal breaks in their employment contracts. If you belong to a union, your union may also dictate meal break rules.

Despite the lack of federal and state rules, many Texas employees experience meal break violations every day. When this happens, Hommel Law Firm is here to help. I have over 30 years of experience, and I only represent employees. I believe that all workers deserve justice in the workplace, and I am prepared to put my knowledge and experience to work for you. We can help you identify and fight for your lunch break requirements as dictated by the state of Texas.

To speak with our Tyler lunch break violations attorney or to learn more about Texas work break laws, call Hommel Law Firm at (903) 412-3788 or reach out online.