Because the law requires a mutual agreement, an employer cannot require an employee to waive the right to a meal period. Some states require employers to provide a meal break, rest breaks, or both. Texas Labor Code 61 § 61.001(4) (Texas Payday Law) Fair Labor Standards Act (FLSA) Overtime Provision; Overtime Calculation Methods: Hourly: pay time and a half over 40 hours work/week. He will work a total of 144 hours in this period of 15th to the 1st of August. The Wage and Hour Division enforces federal labor laws pertaining to work hours, such as: Federal minimum wage Overtime pay Recordkeeping Child labor requirements of the Fair Labor Standards Act (FLSA) Government Contractors The Wage and Hour Division also enforces labor requirements of … didnt think the co would do that unless it had too. because I worked a a temp agency doing 12 hour shifts and we got a lunch and both breaks and a third break in the evening doin a 6 am -6 pm shift. Federal law requires only that an employer pay for certain time, even if it is designated as a break. That means that the federal minimum wage of $7.25 an hour applies in Texas, and that overtime is time and a half for hours worked over 40 hours a week. Depending on your occupation, the state might restrict the number of hours you can work in a day. Texas minimum wage laws do not address when an employer must count employee on-call time as hours worked for purposes of their minimum wage and overtime requirements. Because Texas lacks state specific laws on break and lunch periods, it defaults to federal law. ; Hourly Plus Bonus and/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and/or commission, divided by the total hours … It does not require employers to offer break time in the first place. Texas Law: No Meal or Rest Breaks Required. didnt think the co would do that unless it had too. An employee in Texas must receive a break or lunch if there is an employment contract specifically stating such requirements. Texas … Twelve Hour Work Shift Laws. To determine whether your employer can make you work 12-hour days under state law, consult the state labor department. My son just started working a 12 hour shift. Shift Differentials. Employees on 12-hour shifts are entitled to a second 30-minute meal period. They may voluntarily waive their right to one of their two meal periods in writing only. Overtime. Overtime Rates. The state may provide greater protection to employees than federal law. Federal law also generally does not require breaks or a lunch period. State and Federal Statutes. Tipped employees may be paid less than minimum wage, so long as the tips are sufficient to bring their hourly equivalent up to at least $7.25 per hour. Texas law sets the minimum tipped wage to $2.13 per hour. 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