What to do if my employer is stealing my department’s time by clocking us out for breaks we never took?

Also, if we take a break they take more time out than what we originally took. I have been reading up on this some and read that it is illegal. Also, our department head picked up an employees’ handbook today and no where in there does it state that you have to take a mandatory amount of time for breaks. What are the possible compensations, as this has been going on for at least 6 months now?

Asked on September 11, 2012 under Employment Labor Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country employees are entitled to and must received at least a ten minute break from work after working 2 hours, a 30 minute break after working 4 hours, a 10 minute break after the following 2 hours of work and so on.

If such breaks do not occur, the employee is entitled to overtime for such work.

What your employer is doing is illegal under the laws of all states in this country. I suggest that you consult with an attorney that practices in the area of labor law and/or a representative with your local department of labor about the situation you are writing about.


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