(650) 332-8623Texas Break Laws: Meals, Rests, and More (2025)
Discover everything you need to know about Texas meal and rest break laws, who they affect, and how to ensure compliance in 2025 with this guide.
Understanding Texas Break Laws
Meal Breaks
Laws in Texas Governing Meal Breaks
No state or federal laws require employers in Texas to provide meal breaks to employees. Under the Fair Labor Standards Act, employers are also not mandated to provide such breaks.
However, if an employer decides to offer meal breaks, they must follow specific guidelines and policies regarding compensation.
Meal Breaks (30 minutes or more): Employees must be completely relieved of all duties while taking their meal break. Otherwise, they must be compensated for any work performed during their meal, such as attending to customers, opening mail, sorting files, or answering phones.
Employers can impose conditions on meal periods, such as the duration, when employees can take them, where they can or cannot take them, and whether particular consumables are not allowed (e.g. alcoholic beverages).
Moreover, employers may implement a disciplinary process regarding unauthorized work during meal breaks and unauthorized or extended breaks.
Rest Breaks
Laws in Texas Governing Rest Breaks
Like meal breaks, rest breaks are not mandatory in Texas. However, employers who offer rest breaks should follow specific guidelines. Under 29 C.F.R. 785.18, rest breaks that are 20 minutes or less are considered compensable worked hours.
What's the Difference?
Meal Breaks vs. Rest Breaks in Texas
In Texas, there are no state laws mandating meal and rest breaks. However, there are distinctions between these breaks, such as definition and length, compensation, and employer-provided policies, as guided by the Fair Labor Standards Act (FLSA).
Exemptions
What Type of Workers are Exempt from Texas's Break Laws?
Under the Fair Labor Standards Act (FLSA), only one type of break is required in Texas. Employers must provide reasonable break times for nursing mothers to breastfeed or express breast milk for their babies during the first year of their birth.
The same law also allows nursing mothers to nurse their babies if there’s a provided private space for nursing and they are allowed to bring their child to the workplace.
Differences Between Texas and Federal Break Laws
Federal law does not mandate rest breaks, with guidelines only specifying that “bona fide” meal breaks, during which employees are fully relieved of duties, are not considered work hours and thus are unpaid.
The U.S. Department of Labor outlines national guidelines on meals and breaks under two main regulations:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding Texas’s break laws can help ensure compliance, as these laws are generally stricter and impose more significant penalties than those at the federal level.
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Other Types of Breaks for Workers in Texas
The state of Texas does not require specific breaks for minors. However, employers are encouraged to provide rest and meal breaks to promote the health and well-being of young employees.
If an employer offers meals and rest breaks:
- Five to 20-minute rest break: They are considered compensable worked hours.
- 30-minute meal break: They are not compensable if the minor employee is relieved of all their duties. But they must be paid if they perform any work during their meal period.
Texas state laws do not mandate meal or rest breaks for employees, including pregnant employees. But under the Pregnant Workers Fairness Act, employers with at least 15 employees should provide reasonable accommodations for pregnant employees, employees who have just given birth, or employees who have related medical conditions.
Aside from additional breaks, these accommodations may include temporary assignments to less stressful or strenuous duties and modified work schedules.
Moreover, the Fair Labor Standards Act (FLSA) requires employers to provide reasonable break times and private spaces (non-bathroom) for nursing employees to express breast milk one year after the birth of the child.
Recordkeeping Requirements for Breaks in Texas
Employers in Texas must adhere to federal recordkeeping requirements outlined by the Fair Labor Standards Act. Since Texas does not have additional laws specifically mandating breaks or related recordkeeping, proper documentation is crucial to ensure labor law compliance.
Federal recordkeeping requirements must include an accurate record of all non-exempt employees’ total hours worked per day and workweek, start and end times of meal periods, and compensable time, like rest breaks.
Texas Penalties for Meal and Break Violations
Unpaid WagesWAGE AND HOUR VIOLATIONS
Texas does not have state-specific penalties for meal and break violations due to the absence of such requirements, non-compliance with federal laws can still result in significant financial and legal repercussions for employers
Employers who do not compensate employees for rest breaks or meal periods where they are not fully relieved of their duties will be liable for unpaid wages.
Up to $2,014 per violationREPEATED VIOLATIONS
If repeated or willful violations of meal and rest break laws are found, the U.S. Department of Labor may impose civil monetary penalties of up to $2,014 per violation.
Misconceptions About Meals and Breaks in Texas
Many employees believe Texas laws require employers to offer meal or rest breaks.
There is no state law in Texas that requires employers to provide meal and rest breaks for employees. Breaks are governed by federal law, which does not mandate employers to give breaks, although many employers in the state choose to do so.
By Texas law, employees should be entitled to at least a 30-minute lunch break.
Many employees believe that if an employer offers breaks, they must be paid breaks.
Per the Fair Labor Standards Act, only breaks under 20 minutes must be paid. Any break over 20 minutes, like lunch breaks, will be unpaid if the employee is completely relieved of their duties during the meal period.
If breaks are not provided, employees can demand them from employers.
Employees cannot demand breaks from employers based on Texas or federal laws. But if an employer provides meal and rest breaks as a company policy, they should consistently observe the rules and follow the guidelines to avoid claims of unfair treatment.
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Employees: Know Your Rights to Meals and Breaks in Texas
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Breaks that last less than 20 minutes must be paid, while longer breaks (20 minutes or more) do not require payment, as long as the employee is completely relieved of all duties during that time.
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Employees must have a meal period of at least 30 minutes if they work more than six hours in a day. Meal periods must be compensated if they are not completely relieved of duties.
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If employees believe their rights regarding meal and break periods are being violated (e.g., not receiving a required meal break), they should first discuss the issue with their supervisor or human resources. If the situation remains unresolved, they may consider seeking legal counsel or filing a complaint with the Texas Workforce Commission.
Employer Obligations for Meals and Breaks in Texas
In Texas, employer obligations for meals and breaks are minimal due to the lack of specific state requirements. However, if employers choose to provide breaks, they must comply with federal guidelines under the Fair Labor Standards Act. Here’s a breakdown of these obligations:
Break policies should be documented in the employee handbook to ensure clarity and uniform application.
Employers must maintain accurate records of hours worked, including any paid breaks that are compensable. Failure to accurately track hours can lead to wage and hour disputes or FLSA compliance issues.
If breaks are provided, they must comply with FLSA standards. Employers should ensure that short breaks are compensated appropriately, and that employees are fully relieved of duties during unpaid meal breaks.
While Texas grants employers significant flexibility in setting break policies, following federal standards for compensated breaks and clear communication can help maintain compliance and employee satisfaction.
Benefits to Employees
Complying with meal and break laws, even in states like Texas where they aren’t mandated, can significantly benefit employee wellbeing and contribute to a positive, productive workplace.
Regular breaks give employees a chance to step away from work tasks, recharge, and return with fresh focus. Studies have shown that short breaks and longer meal breaks, reduce mental fatigue, which can lead to higher productivity and better overall work quality.
Breaks also reduce the likelihood of errors that can occur when employees work for extended periods without rest. Improved accuracy is especially valuable in roles requiring precision, enhancing the business’s reputation for quality and reliability.
When employees have regular breaks, they’re less likely to experience burnout and physical issues, reducing absenteeism and turnover rates. Healthy employees are more dependable, which contributes to a stable and efficient workforce.
Benefits to Employers
When companies commit to break policies that prioritize employee wellbeing, they cultivate a more efficient, dedicated, and productive workforce. Short breaks and meal periods help employees recharge mentally and physically, allowing them to maintain high productivity levels throughout the workday.
A rested mind is less prone to mistakes. By allowing employees to step away from tasks, companies reduce errors, particularly in tasks requiring precision or critical thinking. This leads to higher quality output and can reduce costly mistakes that harm the bottom line.
Encouraging regular breaks helps to prevent burnout, stress-related illnesses, and injuries. Healthier employees mean lower healthcare expenses for companies that offer insurance and fewer sick days, directly benefiting the business by reducing absenteeism and improving productivity.
Regular breaks also support physical and mental health, reducing fatigue-related absenteeism and preventing burnout. Happier, healthier employees are more likely to stay with a company, saving businesses the high costs associated with turnover, such as hiring and training new staff.
Looking for other state-specific labor and break laws? Check out these guides:
The Bottom Line on Texas Meal and Break Laws
Although there are no mandated meal and rest breaks, businesses in Texas have much to gain from offering structured break times. Supporting employees with regular breaks not only boosts productivity―it also reduces turnover and fosters a positive workplace culture while helping prevent costly legal issues.
By investing in employee well-being through compliant break policies, Texas business owners create a work environment that attracts and retains top talent, ultimately boosting profitability and sustainability.
Workyard’s time tracking software offers automated features to accurately record hours and breaks and help employers comply with federal regulations. With real-time tracking and compliance monitoring, Workyard simplifies wage and hour law adherence so you can focus on building a stronger, more productive team.
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Texas law does not require employers to provide any breaks or rest periods during an 8-hour shift. This means that employees can work the entire shift without any mandated breaks.
But while not legally required, it is common for employers in Texas to offer:
- One 30-minute unpaid meal break for employees working more than six hours
- Two paid rest breaks of 10 to 15 minutes each during an 8-hour shift, although this is at the employer’s discretion.
In Texas, 15-minute breaks are not mandatory. Texas law does not require employers to provide breaks or rest periods during work hours, so employees may work an entire shift without any mandated breaks.
Under the Fair Labor Standards Act (FLSA), if employers provide short breaks (typically five to 20 minutes), these breaks must be paid. However, there is no federal law requiring that such breaks be given.
While some employers may offer two 15-minute paid breaks during an 8-hour shift as a matter of policy or practice, this is not a legal requirement. Employers have the discretion to set their own break policies.
In Texas, no state laws specifically limit the number of hours an employee can legally work in a single shift. Texas does not impose a maximum number of hours employees can work a day or week. This means employees can be scheduled to work for extended periods, including shifts longer than 8 hours, without any legal restriction.
While there is no limit on the number of hours worked, the Fair Labor Standards Act (FLSA) mandates that non-exempt employees must be paid overtime for any hours worked over 40 in a workweek. Overtime pay is calculated at 1.5 times the employee’s regular hourly rate.
The only specific regulation related to working hours applies to retail workers, who must be given at least 24 consecutive hours off in each seven-day period if they work full-time (over 30 hours per week).
Employers may require employees to work overtime, including mandatory overtime, as long as they comply with the FLSA’s overtime pay requirements.
Certain industries may have additional regulations or guidelines regarding work hours, but these are not universal across all sectors.
In Texas, employers are not legally required to provide a break room for employees. Therefore, the provision of break rooms is at the employer’s discretion.
Many employers provide break rooms or designated areas for employees to relax during their breaks as part of workplace culture and to enhance employee comfort and satisfaction.
