# Question about workforce laws and breaks

**URL:** <https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857>\
**Category:** Factual Questions\
**Created:** [July 6, 2004, 10:14pm UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857 "2004-07-06T22:14:27Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\
**Post date:** [July 6, 2004, 10:14pm UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857/1 "2004-07-06T22:14:27Z")

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How long is it that companies are required to give you a break for and how often? I live in Texas though I believe this is a national law. My job gives me 2 10 minute breaks and 2 personal breaks up to 10 minutes. I figured the personals are an excuse to give us regular breaks under the legal limit. However, the personals count against our stats, and we can get written up if our stats are too bad. What’s the deal with this?

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**Author:** ![Harriet\_the\_Spry](https://avatars.discourse-cdn.com/v4/letter/h/e56c9b/32.png) [@Harriet\_the\_Spry](https://boards.straightdope.com/u/Harriet_the_Spry)\
**Post date:** [July 6, 2004, 10:26pm UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857/2 "2004-07-06T22:26:38Z")

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Per this US Dept. of Labor site, Texas does not require paid breaks.

[http://www.dol.gov/esa/programs/whd/state/rest.htm](http://www.dol.gov/esa/programs/whd/state/rest.htm)

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**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\
**Post date:** [July 6, 2004, 10:29pm UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857/3 "2004-07-06T22:29:10Z")

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> [@](#):
>
> Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer’s rules, and any extension of the break will be punished.
> 
> Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not worktime and are not compensable.

Source: [http://www.dol.gov/dol/topic/workhours/breaks.htm](http://www.dol.gov/dol/topic/workhours/breaks.htm)

You should visit the Texas DOL web site for specific state labor information. IIRC, Texas is a right to work state, meaning most of the employer holds most of the cards.

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**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\
**Post date:** [July 7, 2004, 3:30am UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857/4 "2004-07-07T03:30:02Z")

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Bah. That’s not what I wanted to hear. But I guess that’s the downfall of living in a conservative state. I’ll have to read more on that when I’m home and have more than a 10 minute break.

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**Author:** ![kniz](https://avatars.discourse-cdn.com/v4/letter/k/c37758/32.png) [@kniz](https://boards.straightdope.com/u/kniz)\
**Post date:** [July 7, 2004, 5:22am UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857/5 "2004-07-07T05:22:23Z")

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> [@snailboy](#):
>
> Bah. That’s not what I wanted to hear. But I guess that’s the downfall of living in a conservative state. I’ll have to read more on that when I’m home and have more than a 10 minute break.

:smack: [sup] **Damn! He is using the company supplied computer to register this complaint.** [/sup]

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**Author:** ![snailboy](https://avatars.discourse-cdn.com/v4/letter/s/97f17d/32.png) [@snailboy](https://boards.straightdope.com/u/snailboy)\
**Post date:** [July 7, 2004, 6:31am UTC](https://boards.straightdope.com/t/question-about-workforce-laws-and-breaks/253857/6 "2004-07-07T06:31:12Z")

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Yeah, I thought about that, but the worst they could do is fire me. No, I take that back. The worst they could do is not fire me.
