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Texas Labor Laws Breaks

Texas Labor Laws Breaks

Information on Texas Labor Laws and Breaks

Texas Labor Laws

There are a large number of conditions listed under Texas labor laws.  Breaks, child labor, lunches, rights for mothers, and other rights are discussed in this article.  For more information on Tex labor laws, breaks, or other information, visit the official website of the Texas Workforce Commission or visit recommended articles on this website.  

Texas Labor Laws: Breaks

Federal labor laws are issued under the Fair Labor Standards Act, but there are a number of conditions that do not exist within the federal law and are controlled by state law.  The Fair Labor Standards Act covers certain categories like minimum wage, overtime, equal pay for men and women, and child labor, but Texas labor laws in breaks do not require breaks.  Certain kinds of breaks are described below and how they possibly handled in Texas:

1. Regular breaks- Texas labor laws for breaks do not exist, except for employees in hazardous occupations such as high-altitude workers, nuclear plant workers, and more.  

2. “Coffee Breaks”- rest breaks are usually instituted my most employers and are paid because these breaks often promote productivity 

3. Lunch breaks- in the state of Texas, employees are only entitled to a 30 minute unpaid lunch in which an employee must be fully relieved of their duties 

4. Nursing breaks- if a mother is breastfeeding, they are entitled to express breast milk or nurse the child if children are allowed in the workplace during the first year of the child’s birth.  Mothers are entitled to this unpaid break in Texas under the 2010 Healthcare Reform Bill

Texas Labor Laws: Breaks and Minors

In the state of Texas, a child cannot work if they are under the age of 14 unless they are doing family work on a farm.  If the child is 14 or 15 years old, they may not work more than 8 hours in one day, more than 48 hours in one week, and between the hours of 10 p.m. and 5 a.m. if a school day is the next day.  

Federal law is quite different.  Children of the ages of 14 or 15 cannot work during school hours, may not work more than three hours on school day or 18 during the school week, and cannot work more than 40 hours during a non-school week.  Additionally, under federal law, a minor 14 or 15 years old can only work between 7 a.m. and 7 p.m. during the school year and until 9 p.m. during the summer.  

Additionally, under federal and Texas labor laws, breaks for children can only occur in professions they are allowed to perform if 14 or 15 years old.  These professions include the following: 

• office and clerical work

• cashiering or other types of department work 

• price marking and tagging 

• bagging

• errand and delivery by foot

• cleanup work

• kitchen work

• dispensing gasoline, courtesy service, car cleaning, etc

• cleaning vegetables and from, sealing, labeling, pricing, or stocking goods separate from where meat is prepared