I have no idea, Mistreatment of Employee?

[hcchamps]

I understand that in Texas the employers are not bound by labor laws or osha requirements to provide employees with meal breaks. Can you tell me if there are any other laws that can be used in this situation, discrimination possibly? It seems very inhumane to treat an employee in this way, not to mention demeaning as other employees must "clock-in/out" with this employee.

Complainant works 12 hr shifts. Complainant is only allowed to leave the room work is being conducted in to use the restroom as needed, but must wait for another employee to relieve them first. Other employees can take meal breaks whenever, without being relieved. Originally during the 12 hr shift other employees could bring complainant lunch from where they went or employee could pack own lunch. Now a rule has been made that no eating is to be done in the room complainant is working in. In addition, no relief will be scheduled for the complainant to take lunch off premises as other employees are allowed to do.

We are not interested in suing the employer, just would like something on paper or some type of legal presidence to provide as a backup when the complaint is brought to the employer so that serious action is taken to correct the situation so it is not so easily dismissed.

 

[army judge]

I understand that in Texas the employers are not bound by labor laws or osha requirements to provide employees with meal breaks. Can you tell me if there are any other laws that can be used in this situation, discrimination possibly? It seems very inhumane to treat an employee in this way, not to mention demeaning as other employees must "clock-in/out" with this employee.

Complainant works 12 hr shifts. Complainant is only allowed to leave the room work is being conducted in to use the restroom as needed, but must wait for another employee to relieve them first. Other employees can take meal breaks whenever, without being relieved. Originally during the 12 hr shift other employees could bring complainant lunch from where they went or employee could pack own lunch. Now a rule has been made that no eating is to be done in the room complainant is working in. In addition, no relief will be scheduled for the complainant to take lunch off premises as other employees are allowed to do.

We are not interested in suing the employer, just would like something on paper or some type of legal presidence to provide as a backup when the complaint is brought to the employer so that serious action is taken to correct the situation so it is not so easily dismissed.

You're right, Texas does not require employers to provide meal breaks for employees.

Texas has no state law that requires employers to provide their employees with rest or coffee breaks.

Florida, Texas, Alabama, Arizona, Alaska, North Carolina, Georgia, Utah and a few other states; do not restrict employers from requiring that an employee work a full day without any breaks.

This is true, even if the shift exceeds more than 16 consecutive hours.

Texas also has no law that allows a short coffee break, or a smoking break.

Federal law does not require employers to allow their employees to have breaks.

The Fair Labor Standards Act does mandate that employees be paid for all breaks that are less than 20 minutes in duration, if an employer provides same.

You can report any Texas based employer related problems or issues to The Texas Workforce Commission.

http://www.twc.state.tx.us/

 

[cbg]

It's not that the employer is not bound by labor laws. It's that no labor laws exist requiring that an employee be provided with meal or any other kind of breaks. Not in Texas; not under Federal law. The same applies with OSHA - no such laws exist.

Do I approve of not allowing an employee on a 12 hour (or even an 8 hour) shift a break? No, I do not. Is it legal? As long as they are being allowed reasonable time to use the rest room, (which does fall under OSHA) yes, it is.

The fact that other employees are treated differently is immaterial unless there is a valid and supportable reason to believe that the difference in treatment is based in (i.e. BECAUSE OF) a characteristic protected by law (race, religion, national origin etc.)

 

[army judge]

OP, I'll give you a tip that has been used by many tortured Texas employees over the years.

In fact, work/farm animals are given better treatment than some humans receive in Texas.

You can seek a note from a physician.

The note should indicate that due to a medical condition (thanks to HIPAA the condition need not be revealed), YOU are required to consume one, two, three, fill in the blank snacks during a shift.

The note should further indicate that your metabolism needs 10-15 minutes to absorb the nutrition.

I call it "medical needs lunch".

Many things are possible with notes from a medical practitioner.

 

[hcchamps]

Thank you for your help, I knew we had no chance going route of meal breaks - was wondering if it could fall under fair and equal treatment or something else we were unaware of. Will check TX Workforce if not go a medical route. It just seems completely unfair for someone to not only not get a lunch but watch others take theirs, it seems the same relief should be offered to all employees...thank you for giving us some direction.

 

[hcchamps]

Thank you for not suggesting quitting. That is alot easier said than done, especially in this economy..

 

[army judge]

Thank you for not suggesting quitting. That is alot easier said than done, especially in this economy..

You're welcome.
I know, many people are suffering in this DEPRESSION.
So many want to work and can't.
So, you have to make the best of BAD situation until you can do better.
Good luck!