Texas Meal and Rest Break Laws

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 the purposes of using the restroom, etc. The Texas Guidebook for Employers defines these as “coffee breaks” of and “smoking breaks” of which there is no specified limit under the law so 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, and 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 employe 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 an 8-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.

Texas Workforce Commission