Is my employer allowed to require me to wear a mask during my unpaid lunch break?

I work at a hospital in the dietary department. I did not receive a flu shot, so the policy at the time was when I am on the clock, I am required to wear a mask. Today the policy changed to when I clock in, I am required to wear a mask, even on my unpaid lunch break. I do not clock out for lunch it is automatically deducted from my hours. I am not required to wear it before I clock in or after I clock out for the day.

Asked on December 28, 2017 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Absent an employment contract or union agreement to the contrary, an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimnation). Further, a worker can be termniated for any reason or no reason at all, with or without notice. Accordingly, if this mandate in unacceptable to you, you can either refuse to wear he mask but get fired, or you can quit.

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