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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Texas Labor Code Retail Employer Violation

    You have two separate issues and you need to leave them separate, not try to combine them.

    1.) You need time off to attend services

    2.) You want a day off when you don't have to work.

    Both of these are understandable. But under your state law, only one of them is your right under the law.

  2. #12
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Texas Labor Code Retail Employer Violation

    Texas labor code


    Sec. 52.001. RETAIL EMPLOYER. (a) A person who is an employer may not require an employee to work seven consecutive days in an establishment, the business of which is selling merchandise at retail.
    (b) The person may not deny an employee at least one period of 24 consecutive hours of time off for rest or worship in each seven-day period. The time off must be in addition to the regular periods of rest allowed during each day worked.
    (c) The person shall accommodate the religious beliefs and practices of an employee unless the employer can demonstrate that to do so would constitute an undue hardship on the conduct of the employer's business. In addition, the person may not require an employee to work during a period that the employee requests to be off to attend one regular worship service a week of the employee's religion.
    (d) This section does not apply to employment of a part-time employee whose total work hours for one employer during a calendar week do not exceed 30 hours.

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Texas Labor Code Retail Employer Violation

    Thank you for the correction, Ron; I had not realized that TX had separate wage and hour laws for retail employees.

    However, the fact remains that they are still two separate issues. If the employer let the poster have Sunday from, say, 5 to 9 off, and then gave him Wednesday as a day off, he would be in compliance with the law. He would have time off for services, AND he would have a 24 hours off for rest.

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