Is this legal?

[Big Phil]

My boss has told me that when I clock out to take a lunch I have to remain available to help customers. If I do help anyone I must clock in help them and then clock out to finish my meal.

According to the Texas Department of Labor, Title 29 Section 785.19 part A:

Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals.

http://www.twc.state.tx.us/news/efte/wh_part785.html#785_18

Therefore asking an employee to do so could be construed as illegal.

I know it's all about the interpretation of the law, but am I way off base?

 

[txinvestigator]

Texas does not mandate a meal break. A company does not have to give you one at all.

Since you clock back in to help the customer I would say they are within the law

The alternative is they make you stay on the clock completely.

 

[txinvestigator]

Interestingly, that link is to the code of federal regulations. Not Texas law.

 

[Acera]

This might help. http://www.dol.gov/whd/regs/compliance/whdfs22.htm


IIRC Federal Laws still apply in Texas.......................

 

[Acera]

double tap........

 

[deemus]

I always think twice about going up against TGT's Most Hated Member, but I think there is some provision about meal time, if you work more than 6 hours.

Phil, if you were issued an employee handbook, look in there. If it addresses specifics, it will control. Generally employees are required to sign a form acknowledging you got it, and will comply with it. Absent that handbook, I am certain there is a provision about providing lunch breaks, etc. But the law is specific about you being clocked in to work. If you are working, you have to clock in. The in and out is a PIA, not sure that is protected against though.

And Texas employees are covered by the DOL regs. Recently again confirmed by a DOL "audit" of a friend's business. (He got hammered, IMO unfairly) My friend was fined by DOL in spite of paying in excess of time and half for OT due to some obscure labor rules.

There are alot of rules related to the conduct of employees and employers.

 

[Big Phil]

I understand one doesn't have to have a lunch break under Texas law.

My question is more towards the wording of being "completely relieved of duty".
Meaning if you are given a lunch break you don't have to work.

 

[benenglish]

During my working years when I was on lunch break I was free to go anywhere I liked as long as I was back by the time lunch was over. Does your boss physically hold you prisoner in the workplace? Even if it's just for a short-term experiment, do your circumstances make it impossible for you to take a sack lunch to your car and eat it there, using up your entire lunch break?

OTOH, I know of places where the lunch breaks are short (half-hour or less) and they don't actually show up as lunch breaks. In those places, you arrive at work at (say) 8 AM and leave at 4 PM. Somewhere in there, you take 20 minutes to wolf down lunch but your time sheet shows you worked 8 hours straight.

It sounds to me like one of two things is happening.

If your employer never agreed to give you a formal meal break, you need to stay on the clock while you're eating and don't waste more than 20-30 minutes feeding yourself. If your conditions of employment say that you actually get a meal break of more than a half hour, clock out and leave.

A postscript - This in-between, "clock out, take a bite, clock back in to answer a question, clock out to take a sip of your drink, clock back in" stuff is total BS. I get the feeling if you actually did what your boss has directed, then the act of clocking in and out 100 times a day would cause some sort of flag to pop up on a time and attendance report, somewhere. Maybe if you actually did precisely what he asks, the problem might solve itself. There's an old saying along the lines of "Sometimes the best way to hurt someone is to give them exactly what they ask for."

 

[Big Phil]

The lunch break is to stay away from being considered a full time employee because if Obamacare. So it won't raise any flags.

I don't have a problem not being paid if I'm not working I just don't interpret the law in that I clock in and out indefinitely until I reach a total time of 1 hour.

No we do not have to stay on site, so I will be eating in my car I guess.

 

[txinvestigator]

I understand one doesn't have to have a lunch break under Texas law.

My question is more towards the wording of being "completely relieved of duty".
Meaning if you are given a lunch break you don't have to work.

The law does not regulate the giving of lunch breaks, it regulates your getting paid for the break or not.

Federal law does not require lunch breaks either.

 

[txinvestigator]

I always think twice about going up against TGT's Most Hated Member, but I think there is some provision about meal time, if you work more than 6 hours.

. This was a large part of my duties once, and I became pretty intimate with these laws. There is no requirement, either state or federal, for an employer to provide you a paid or unpaid lunch break.

If that changed, I would like to see the section so I may be educated.

 

[Southpaw]

My company makes it mandatory for one continuous 30 minute break by the end of the first 5th hour or be written up.
Personally, I find I would be more productive without it and would be good with a couple of 5 minute breaks in an 8 hour shift.

 

[breakingcontact]

Yuck. Id look for a new job.

 

[Southpaw]

Yuck. Id look for a new job.

I retired young and it's just for fun money so I don't sweat it too much.

 

[Younggun]

What is "retired"? It sounds like something I want.

 

[benenglish]

What is "retired"? It sounds like something I want.

It is. Take my word for it.

 

[okie556]

What is "retired"? It sounds like something I want.

Being retired is not all that great Younggun.........it's better!

 

[karlac]

Dayum, nice to be self employed, and not have to worry whether I can eat lunch when working the 20hours/day, to get it done, it sometimes requires.

 

[vmax]

What is "retired"? It sounds like something I want.

yeah, that sounds interesting for sure

 

[Byrd666]

Just out of curiosity but, doesn't OSHA have a few things to say about the situation as well. I thought there was a provision by them somewhere that requires a minimum full 30 minute lunch in an a 8 hour day. I may have mis-read it though.