Exempt Employee Paid at Rate of 40 Hours Per Week
My question involves labor and employment law for the state of: Texas
Thank you for your help in this matter.
I was recently termed from a position that I held for six plus years- I do understand the concepts of the 'at will' employment and have already filed and recieved the 'negative' respone from the unemployment office for benefits.
My question today is - I was considered an 'exempt' employee and was paid the rate of 40 hours per week. Although I dont think I ever worked a 40 hour week and it was more likely in the 50 plus hours of work - it is to my understanding that I should have been given a 'schedualled' time to take a lunch break.
Does Texas require all employees a 'unpaid' lunch break?
To give some 'filler' - I worked in a office enviroment and was responsible to open and close the location daily. The location was under staffed up to the last two months of my employment and it played apart of my termination once it was accuartly staffed - there were times when other non-exempt employees would come in to grab paperwork etc but they were 'field' personal and not considered 'office' personal such as my self. Their time in the office was mandated to only be in the location for a very short time a day.
Looking at my payroll records that I was able to pull from my online pay account - there is no 'deduction' as well as any other mention that there was any changes tothe account besides the 8 hour shift worked. (I worked from 8:30 to 6:00 PM daily.)
I should also mention that there is some implications as well as that I also posses a commercial drivers license.... I would fill the daily logs to mainatin legal compliance incase I ever had to drive and these logs were turned in monthly to the corporate office showing that I did not have lunch.
Sorry for any spelling errors etc - I am thankful for any help or guidance.
Re: Exempt Employee Paid at Rate of 40 Hours Per Week
Thank you.
I was not sure if it would matter or not as I had to fill in the daily log book and one of the DOT requirments (to my undertanding) was to give a person who has a CDL a break within so many hours etc etc etc.
After reading some posts I now have a better understanding.
Thank again
Re: Exempt Employee Paid at Rate of 40 Hours Per Week
I am not familar with DOT regulations - that would be a separate issue. The DOT is Federal (though Federal law for general employment does not require breaks either); I don't know what they require. Texas law is silent on the matter of breaks.
My personal belief is that every employee works better for the occasional break, but so far neither the Federal government nor the legislature of approximately half the states has had the good sense to listen to me. ;)