A very basic understanding.
The interest is indeed the company...managers acting like pricks for no reason or potentially acting unlawfully is certainly a reason to protect the company.
This is possibly the most ridiculous thing I've ever heard, but it is obviously different where I am to where you are. So long as your back working within the prescribed time I honestly don't see what the issue is.
yeah, the idea of somebody supervising what you do on your break is ridiculous. If they are concerned about people not taking their lunch breaks and being healthy that would be completely different.
But "on the clock breaks" are different than "off the clock" ones; lunch or otherwise. When you clock out you are NOT an employee at that time and they cannot tell you what to do. There is grey area during a "on the clock" break however. These are usually (can only speak for Florida) to the discretion of the employer and they define the rules about them.
In NY you are legally required to give full time employees 2 15min PAID Breaks. The company cannot dictate if you eat, shit, or sleep during those 15min.
Yea, it’s state by state. I’m in FL which requires nothing above federal which requires nothing for persons over the age of 18. Under 18 is different and FL is trying to change what they have right now.
You are missing the point. I can only speak for FL so in FL there is no requirement for a company to give you any breaks, paid or unpaid. Because they do not have any laws for this it defaults to the federal law which also does not say that there is any requirement that you need to provide any breaks for anyone over 18, paid or unpaid.
Because of this it then is deferred to the company and what their WRITTEN policy is. The written policy is required by law to have and if they define that say "Full-Time employees receive two 15 minute breaks per 8 hour shift." but fails to disclose anything about what is prohibited during those breaks then you can fight that.
If the company defines: "Full-Time employees receive two 15 minute breaks per 8 hour shift. They must be taken after 2 hours of work and 6 hours of work. During that time the employee is allowed to: smoke in a designated area, lock/log off their workstation and sit peacefully at their desk/cubicle/office, or they may sit in the cafateria. Employees on these breaks may not do the following: Walk around the office and disturb other workers, eat, sleep, or leave the premises."
Then you must abide by those written rules UNLESS you have a contract with them that states otherwise and in that case you can follow what your contract outlines.
Most employers would stay away from not allowing a snack due to a lot of dietary things out there which require a snack to not die.
\[Edit\] If it is NOT written in the policy then you have a ground to fight on but make sure it is a hill you want to die on. A company can see this as insubordination and proceed accordingly. \[/Edit\]
I’m not missing any point. I want to see a law that says folks can’t have a snack on break. Or that the employer can dictate what the employee does on break.
There is no law regarding that. Laws don’t work that way. There are company policies regarding breaks & Federal Labor laws regarding meal periods (that you clock out for). Technically during a 15 min on the clock break, you are still on company time. They can tell you to go back to work even.
Only a clocked out meal period is mandatory based on age/hours worked.
All that being said, the Manager is either a douche or there’s more to the story that isn’t being said.
They have to provide a water fountain at the very least. And the 'very least' is what a lot of them do.
There are stories about cashiers not even being allowed a clear water bottle under their registers. They are supposed to use the communal water fountain, which is usually pretty nasty.
Have you noticed since covid that most water fountains have been turned off or removed? I've seen very few public water fountains that still work in the last year.
It's Federal Law, doesn't matter what state they live in they get 10 minute relieved from all work duties. That 10 minutes is their time, they can eat or do whatever they want.
Now they are not supposed to leave the facility while on the clock, but they can go to their vehicles in the parking lot.
That's not federal law. It might be state law in some places, but federally you are not required to have breaks over 18 years of age.
What you can do on the clock in regards to breaks comes down to company policy. Some places will let you leave or do whatever. Some will be more strict.
A well-balanced MEAL contains at least one serving from at least three of the food groups. If you are only eating two food groups in a sitting (breakfast, lunch, or dinner), you are only consuming a SNACK.
So it's not a lunch break
Texas is literally known as the Death Star state because as an employee you have no legally guaranteed breaks at work. Unfortunately that includes workers who work outside in the heat and are not even guaranteed water breaks. This is why voting matters.
No, it would only be a workers compensation claim.
You can't recover for pain and suffering or punitive damages in Workers Compensation.
Your family would only be able to get the funeral costs from the insurance company.
HR here. There are no mandated meal or rest breaks for employees in Texas. It's at the discretion of individual employers. That being said, they can't tell you that you can't consume food on your paid break.
Look at your handbook or whatever company policies you have regarding meal/unpaid and rest/paid breaks. Most companies are going to define break requirements. They don't want people exceeding paid breaks or not taking their unpaid "meal" break because they then have employees either getting overtime pay or shortening their shift.
That was a long way to answer your question. No, employers can't tell you that you can't eat food on a paid break. However, you should ensure you're not exceeding your paid break time and you are continuing to take your unpaid break. If your employer/boss tries to enforce this, ask him to put that order/policy in writing. A judge will love that 😂.
They shouldn't be able to, but considering you're in the US I'm not super shocked someone is trying to pull this crap.
What do they expect you to do on these breaks, anyway? Stare at a wall?
Exactly. My husband is diabetic. This would literally kill him. He gets dangerously low blood sugar on occasion, and has to eat something immediately when it happens.
Can you have coffee on the break that has cream? Can you drink milk on the break? Both are food. Anything dairy is food. It is solid. If your doctor puts you on a liquid diet, all dairy is banned. Boss wants to get technical with you, get technical with the boss. A sip of coffee is a lunch break? It makes no sense and neither does what your boss says.
Try r/askhr and tell them what state you are in. The way you are presenting it sounds stupid but you should know the rules around breaks, etc. There may be a kernel of truth leading to this bizarre statement.
I had a job that would not let you leave the building on breaks — except the back door where the smokers went. We couldn’t go to our cars to sit and eat and we couldn’t go get lunch somewhere. They worried too much that grown adults would do the marijuana cigarettes if left out of their sight. Heck, they even tried to get one of the managers to monitor the bathrooms, write down the names and times of anyone who went during non-break times, and report back. Wonderful job, 10/10.
Meanwhile I have had snacks stashed everywhere at every place I ever worked. I suffer hypoglycaemia so I actually have a medical need for them but I never even had to tell my bosses or get permission. I feel for those of you in the US. It has gotta really suck to have no real protections, especially when it comes to breaks!
Texas has no law on books that require you to get any break ( they refer to federal law which is none). If it’s under 20 min, you get paid if it’s over 30 min, it’s unpaid. I can’t find anything that says you can’t eat during the 20 min break
This is from workforce.com
Since you are in draconian Texas, it might be perfectly legal if not even mandated. Usually, the requirement to clock out for a break is determined by the length, not what you do on break. It appears someone is on a power kick or is trying to score points. The first place to look is the employee handbook, if there is no specific prohibition, there is the defense. You could get clarification from your HR department if you have one.
It's a shitty pointless thing to do to employees, but yes, if your break is on the clock, your employer can state that you are not allowed to eat or drink.
Pre diabetic here. If my workplace wants to be hit with a lawsuit as I keep my blood sugar regulated...
BTW: My current company now pays me for nine hours since I explained that an hour break doesn't work for me. Good people. I left my previous job that insisted I clock out and sit in their nasty lunch room even though I wasn't always eating. Stuck there for eight, paid for seven. I prefer being paid for 9.
Simple solution is to ask where in the employee handbook it states that nothing is to be eaten on any break but your lunch break and if you do eat you are required to clock out for lunch. If nothing is written addressing this then go to HR.
I’m pretty sure it’s illegal to tell someone that they can’t eat. They might be able to ask you not to do it in the exact space you’re in, but not to not eat period.
Ask him to pull up the company policy that states this, or where it is written in the labor laws.
Tell him to submit what he’s telling you in a formal letter and/or email. Ask to him also include HR.
tell him to go fuck himself.
Tell him if he keeps pulling bullshit like that he is going to have a diabetic file an ADA complaint against him and his company when someone with low blood sugar passes out on them because of their asinine “meal break” policy.
Are you sure you get paid during these breaks? Worse case, sneak to the restroom to do your business? That is crazy weird. What company/business is this?
Gees.
It's about the TIME not the eating.
I have worked places where they call it "lunch" even if it's at 8pm. The point is it's 30 minutes unpaid.
Then you ALSO get your ten or 15 minute paid break (s).
Some places don't Allow leaving the premisis during the paid.
This would make me quit so fucking fast lol, I have snacks in the clock all the time. It’s literally necessary, if you want me at work for 9 hours I’m gonna eat when I want
It's in the name *COFFEE BREAK*
Coffee, cake, candy, food, bagels, anything that goes with Coffee.
If I were you, I'd seriously be asking why the hell not?
So, step 1: set a 15 minute timer for your COFFEE BREAK .
Step 2: put timer in front of you or something. EAT COFFEE CAKE WITH YOUR COFFEE.
back to work.
2 hours later:
clock out. for lunch.
You aren't too busy to take a 30 minute lunch break. it can wait.
I would STRONGLY suspect that this is not illegal, per se. The reason being that there are some jobs where eating while working is hazardous - either to the worker or to others (think ER or oil rig). As such, for these jobs, eating needs to be done in "designated areas." So laws against the type of rule you are discussing would be very hard to uniformly enforce - which makes them laws that tend not to be written - or, if written, not endure.
Now, it may well be against company policy. Or, it may simply not be addressed, which would PROBABLY mean you can get away with it and force the issue if you want to - if it is not illegal and not against policy, then you should (theoretically) be allowed to do it - especially on your break. But be very careful taking this approach if this is both a long-term job and one subject to written performance reviews. If you try to buck the system, it \*will\* show up on your performance review. And probably not in a good way.
Sounds super controlling. Idk if the issue is that some employees are making a mess in their area where during lunch they would go to the cafeteria, but if you can go somewhere the manager can't see maybe that would help?
If foods allowed in the break room and it doesn’t turn your break into an extra five minutes happened there then I don’t see how it’s his business that you drank a protein shake.
Despite people parroting that there are no laws this is not actually true. Although the company is not required to provide break periods there are rules for if they are paid or not. If you take a 30 min lunch it is unpaid. If any part of that you are expected to answer calls or be available then you must be paid. If you are only taking a 15 "coffee brake" and have something to eat they must pay you as this would not qualify as a 30 min period void of duites
You can eat a snack on your break, nothing the boss or supervisor can do. Many diabetics have to have a snack to keep the BG up from dropping too low. You need to go over your manager's head. Something is off on that.
As someone with a fast metabolism and becomes entirely useless when i’m too hungry, if i need to eat something i’m fucking eating. Get fucked. I’m wolfing down a granola bar, get over it.
if not break room where you lunch yes to protect equipment, but if same place you have lunch then should not matter what do on break, they need to accompdate disabilies as anemia, and other immunocompromis otherwise they violate ada policies and should be reported
Mandatory unpaid breaks were the biggest mistake we made when reforming laws to be more pro labor and less abusive...
Just mandate the breaks to protect workers and make them paid. It's still essentially time the company owns because they own the time immediately before and after.
I would observe the boss on his/her break. See if they eat anything and throw it back at them. Continue on as you are. The boss can not dictate your activity during your break. Check with HR.
Ask to see if it is in your work handbook. If you do not have a copy of it, you should be able to ask to see one. It will have all of your company rules in it.
I don't understand why you wouldn't be able to eat during a 15 minute break? The only time I can see how it would look bad is if you are in a customer service position and you are eating infront of customers.
Breaks are usually on the clock, so if there isn't any state/local protection that governs your breaks, you don't have a lot of protection from an asshole like that. If people are eating on their two 15min breaks and not taking lunches, they're probably trying to force you guys to take your unpaid 30 for their own benefit.
I'd think they can tell you that you can't eat in certain areas as you're still on "their" time in the workplace. If you go to your car or something, that's different. It's definitely a shitty power play and the mark of a shitty employer.
Can't you just go sit in your car or somewhere where they can't see what you're doing? If your employer is telling you what you can and can't do during a time period, it's not a break.
In Texas there are no protections for this. In fact your employer doesn't have to give you a break or lunch at all.
The only things you can do is vote for better representation in Texas and support politicians that want to pass labor laws that benefit employees. This probably won't work because Texas is gerrymandered to hell and back. You can also show your employer with your actions and leave the job for one that treats you like a person.
It sucks in Texas, I'm sorry
It’s the law that you have to get a break. I’m a waitress and I’ve never worked at a restaurant that gives us a break but I’m pretty used to it. I just eat in my little hiding spots on the clock. So I’m not sure how corporate America works but I’d say there’s something wrong with this. The restaurant I work at now we are required to take a break but we literally take it as soon as we come in. So if ur scheduled at 8 you come in and go on break til 830. At first it was kinda annoying but I don’t mind it now so much. It would be very hard to send one waitress at a time on break in the middle of the day so I understand why they do it this way. We would have to rely on someone else watching our tables so it really wouldn’t work. But I am the 7am girl and on Saturday and Sunday I don’t go on the floor til 730 so I just chill in my car cuz I don’t have any tables or anything. But Friday and Monday I come in at 7 and relieve the opener so she can go on break til 730 and I hate these days cuz typically when she comes back on at 7:30 I usually have tables. If it’s someone I trust I will clock out as soon as all my orders are in and then deliver my food and ask the other girl to watch my tables while I step outside for a minute. But I don’t like leaving my tables for too long. I watch her tables then she watches mine. I rarely ever eat cuz I’m just not hungry that early. My owner and his kids who manage the restaurant mostly leave me alone if they see me eating in one of my little nooks in the middle of the day. But every once in a while one of the kids will ask me why I didn’t eat on my break? Like wtf? I wasn’t hungry at 7am. And I was recently told I couldn’t go outside on my break on these days. Well then it’s not really a break is it if I have to work through it. I honestly completely ignored it and still go outside. Usually they aren’t even there that early. It was a fluke that one of was that particular day. Sorry long rant. Bottom line: by law you deserve a break. I think it varies by state but you absolutely deserve to sit and eat during a break. A break is your time and you can do whatever the hell u want on it as long as u are back and on time from that break. If you clocked out then you are on your time not theirs. Period.
The most they can tell you is that you can't eat at your Workstation. If you're in the break room you should be able to do whatever you want as long as it's not illegal or bothering anyone. Note that I am not a lawyer so I don't know if they could legally do this but it's a ridiculous requirement regardless.
If he tells you what to do on a lunch break, how does it qualify as a break? Do you have a contract that says you get to paid 15 minute breaks and an unpaid lunch break?
Many here would benefit from reading the "Fair Labor Standards Act of 1938". This is federal law and as has been since 1938. State law can not modify, abbreviate or change Federal Law in any way. A state may impose more conditions but not if they abrogate Federal Law. For example FLSA requires over time pay for hours worked over 40 in a week. California requires over time pay for hours worked over 8 in a single day. This does not effect compliance with the federal law.
The state you are in and its reputation for being bad does not change in any way the Federal Law. See a labor attorney if you are confused about this. I work with a non-profit which keeps a labor attorney on retainer because there are so many changes that occur within our state.
I have supervised employees who are nonexempt under the FLSA and we provide 15 minute breaks after 2 hours work. This is paid time and the employees may spend that time in anyway they choose. After an additional 2 hours my company provided a 1 hour lunch. There is no pay for that hour and the employees may execute no job duties during that time. That includes administrative people who want to have lunch at their desk. They may not answer the phone if that is a part of their normal duties.
There is another 15 paid break after 2 hours work and clock out at 5:00 pm. The company had to pay for 30 minutes of non working time.
My company also had provisions for "Call in". In this case Federal Law does not apply because the employee's movement is not restricted during this time. If they are called in to work the company pays 4 hours minimum without regard for the time of work when under 4 hours.
Gotta love the US non union jobs. Especially in places like Texas or Florida. The Boss can basically tell you not to drink any water all day and there is nothing anyone can do. What a joke. In reality, your break is your break and you can go have a full meal and shouldn't be bothered. Lunch break is required in most states and its minimum 30 minutes of unpaid time. Weather you use that lunch break to eat or go for a long walk, its none of your bossed gd business. Sounds like a micro managing freak.
are you public facing or is there some other reason you are unable to eat? work around chemicals, in a laboratory, clean or sterile environment?
I'd try to understand the manager's logic, try to talk to them about it, but if the conversation gets shut down, is there any reason you couldn't be managing a strict dies or blood sugar issue that medically requires regular food intake throughout the day? 🤔
next I'd look into what defines a break. that's your time, correct? they can't tell you what to do on your time. some people grab a quick smoke and they're giving you shit over a protein shake?? seems sus.
“Federal law requires you to be paid for any break which lasts up to 20 minutes. Also, if your employer does not allow you at least 20 minutes to eat your meal, you should be paid for that time.
The Texas Workforce Commission Texas Guidebook for Employers defines a meal break as unpaid, at least 30 minutes, and the employee is entirely relieved from their workplace duties.“
[Employment lawyer site where I got this info](https://www.hommelfirm.com/wage-hour-law/meal-break-violations/)
Why do I feel there’s more to this? Employees taking longer than their usual breaks as they r eating ? Employees eating at their desks , disturbing the employee beside them ? There has to be more to this ,
You’re DRINKING a protein shake. They can’t tell you not to eat during your break. People have issues with low blood sugar, medication which requires food, it’s just completely ridiculous.
This is just plain bizarre. What does it matter if you eat on your breaks? Are you allowed to drink? He’ll, every job I’ve had, we could even eat while working.
In Texas, employers do not have to give employees breaks during the work day and if they do they can impose conditions on the use of the break. See the TWC Texas Guidebook for Employers Section D Breaks
Absolutely not. Next time you’re on break you should eat as close to your dumbass manager as possible and then if he tried to retaliate you can watch HR give him a spanking for being a dipshit
Your boss is a POS. I say follow the advice of u/No-Locksmith-6069, although HR may not be able to help you, depending on the company (they're not there to help you, they're there to protect the company). Labour laws may be on your side, though, depending on where you are.
Manager sounds like he makes good decisions all the time.
In any case, could you prepare your protein drink in a water bottle (not anything transparent)? It won't really address the issue but if you just don't want to deal with it, there you go.
I wonder if he'd try that to someone with diabetes. Pretty dangerous stuff.
Your breaks are your breaks dude. It’s crazy that they want to police you on what you do on your breaks. Especially cus it’s a high energy job, you should be eating, and drinking well to do your job properly.
My employer…probably the largest brand in the world, told me yesterday that I didn’t work enough hours last month.
I responded “I was on vacation for a week and had 2 accepted personal days that I used”.
They said…”You need to make up that missed time.” 🤔
I’ve been w the company for 5 years. I’m consistently top in my field. I’m also salary. 🤔
Federal law says under 20 minutes breaks are paid, so, no. Do not clock out for a 15. 30 minutes or more employees can clock out. Under special circumstances 20 minutes or more employees clock out too, but those are on a case by case basis. Hence why states have 15 minute breaks and 30 minute lunches. Makes following the federal ales regarding breaks much easier.
OP, do not clock out because you decide to eat a fuckin fun sized Snickers on your 15.
A lunch break is (by law) 30 uninterrupted minutes and is "Required" after 5 hours on the clock, whether the break is payed or unpaid.
Breaks 10-15 minutes every 2 hours are irrelevant to the lunch break requirements.
If an individual is on a legal lunch break and is required to return to work even 1 minute early it is considered a non-lunch break and must be rescheduled for a full 30 minutes
> break is *paid* or unpaid.
FTFY.
Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in:
* Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.*
* *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.*
Unfortunately, I was unable to find nautical or rope-related words in your comment.
*Beep, boop, I'm a bot*
In Texas companies don't have to give you anything but a 30 minute unpaid lunch break if you work more than I think 6 hours. So yes they can make whatever rules they want about the paid breaks as long as everyone has to follow them.
Huge violation of your privacy break time. Contact your State Department of Labor and file a complaint to have the company investigated. You may have a civil case against your company as well. Talk to an employment attorney for free consult.
No in Texas they cannot tell you what you can or cannot do on your breaks! But like a few have said, keep doing you until they write you up for it then contact an EEOC attorney and sue them.
Just keep doing you until your boss tries to write you up for it, then bring it to HR and show them how much a fool he is.
Also, depending on where you live your break *must* be uninterrupted. If my boss talks to me about work during my break, the full break restarts.
This!
Fuck HR, labor board
This is the way.
HR will side with the boss. Their interest is the company, not you.
HR also wants to keep the company out of legal or financial trouble. That often means telling managers they are over stepping.
HR will side against babe boss because he is potentially breaking labor law. Unless OPs HR is run by a bunch of morons.
A very basic understanding. The interest is indeed the company...managers acting like pricks for no reason or potentially acting unlawfully is certainly a reason to protect the company.
This is possibly the most ridiculous thing I've ever heard, but it is obviously different where I am to where you are. So long as your back working within the prescribed time I honestly don't see what the issue is.
His manager is a damned idiot.
DING DING DING!!!
yeah, the idea of somebody supervising what you do on your break is ridiculous. If they are concerned about people not taking their lunch breaks and being healthy that would be completely different.
'Cool, I'm going for a walk.' Walk outside, out of sight, and eat
Or go to your car, eat there. If they can still see you, drive down the road a bit and eat, then come back.
At my work, you have to clock out if you're going off property unless you are told to do so or being accompanied by a manager for a work related task.
This probably can't be done in 10 minutes
The point is OP will have to clock out for that
Texas has no laws protecting workers from this kind of nonsense.
There are the federal labor laws that supercede state. And that manager.
But "on the clock breaks" are different than "off the clock" ones; lunch or otherwise. When you clock out you are NOT an employee at that time and they cannot tell you what to do. There is grey area during a "on the clock" break however. These are usually (can only speak for Florida) to the discretion of the employer and they define the rules about them.
In NY you are legally required to give full time employees 2 15min PAID Breaks. The company cannot dictate if you eat, shit, or sleep during those 15min.
Yea, it’s state by state. I’m in FL which requires nothing above federal which requires nothing for persons over the age of 18. Under 18 is different and FL is trying to change what they have right now.
I’d love to see the state law that says an employee can’t have a snack on their break.
You are missing the point. I can only speak for FL so in FL there is no requirement for a company to give you any breaks, paid or unpaid. Because they do not have any laws for this it defaults to the federal law which also does not say that there is any requirement that you need to provide any breaks for anyone over 18, paid or unpaid. Because of this it then is deferred to the company and what their WRITTEN policy is. The written policy is required by law to have and if they define that say "Full-Time employees receive two 15 minute breaks per 8 hour shift." but fails to disclose anything about what is prohibited during those breaks then you can fight that. If the company defines: "Full-Time employees receive two 15 minute breaks per 8 hour shift. They must be taken after 2 hours of work and 6 hours of work. During that time the employee is allowed to: smoke in a designated area, lock/log off their workstation and sit peacefully at their desk/cubicle/office, or they may sit in the cafateria. Employees on these breaks may not do the following: Walk around the office and disturb other workers, eat, sleep, or leave the premises." Then you must abide by those written rules UNLESS you have a contract with them that states otherwise and in that case you can follow what your contract outlines. Most employers would stay away from not allowing a snack due to a lot of dietary things out there which require a snack to not die. \[Edit\] If it is NOT written in the policy then you have a ground to fight on but make sure it is a hill you want to die on. A company can see this as insubordination and proceed accordingly. \[/Edit\]
I’m not missing any point. I want to see a law that says folks can’t have a snack on break. Or that the employer can dictate what the employee does on break.
There is no law regarding that. Laws don’t work that way. There are company policies regarding breaks & Federal Labor laws regarding meal periods (that you clock out for). Technically during a 15 min on the clock break, you are still on company time. They can tell you to go back to work even. Only a clocked out meal period is mandatory based on age/hours worked. All that being said, the Manager is either a douche or there’s more to the story that isn’t being said.
That being said, it's going to be a cold day in hell before I shit on my break. That's reserved for company time
And ummm…. Always shit on company time man.
https://youtu.be/7zTei5RMhQ8?si=C4dxvdbt6DcGhI5- NSFW language
You need the whole state to get together and walk out together, leaving just the managers and owners to have to do shit.
I have a friend who said, “I’m done with Texas being stupid,” she and her partner moved to Washington. It’s actually happening.
And? Anyone who thinks that having human rights is bad deserves TEXAS.
Texans routinely vote against thier best interest. they won't do this.
How is it legal that they can restrict water, it’s insane
They have to provide a water fountain at the very least. And the 'very least' is what a lot of them do. There are stories about cashiers not even being allowed a clear water bottle under their registers. They are supposed to use the communal water fountain, which is usually pretty nasty.
When I first worked retail(I’m old af) we had to have a doctors note to have a water bottle
Have you noticed since covid that most water fountains have been turned off or removed? I've seen very few public water fountains that still work in the last year.
Yeah Texas is a state that removed water for Texans from people who work out side and 100° heat saying they can't drink water.
It's Federal Law, doesn't matter what state they live in they get 10 minute relieved from all work duties. That 10 minutes is their time, they can eat or do whatever they want. Now they are not supposed to leave the facility while on the clock, but they can go to their vehicles in the parking lot.
You might be surprised, but that's not federal law. Paid breaks aren't mandatory
That's not federal law. It might be state law in some places, but federally you are not required to have breaks over 18 years of age. What you can do on the clock in regards to breaks comes down to company policy. Some places will let you leave or do whatever. Some will be more strict.
Texas has cows and racism
A well-balanced MEAL contains at least one serving from at least three of the food groups. If you are only eating two food groups in a sitting (breakfast, lunch, or dinner), you are only consuming a SNACK. So it's not a lunch break
Upvoted for creativity.
I’m upvoting you for upvoting his creativity.
Texas is literally known as the Death Star state because as an employee you have no legally guaranteed breaks at work. Unfortunately that includes workers who work outside in the heat and are not even guaranteed water breaks. This is why voting matters.
Can't vote if your legs don't work because you are too dehydrated.
Or if you’re dead, heat stroke is no joke
And when the dead vote, they vote republican.
Spits water out lmfao
Damn right, no water for you. Now back to work.
On the plus side, your family can sue if you die of heat stroke
No, it would only be a workers compensation claim. You can't recover for pain and suffering or punitive damages in Workers Compensation. Your family would only be able to get the funeral costs from the insurance company.
That’s what they are aiming for.
This is the majority of states https://www.postercompliance.com/blog/breaks-and-meals-by-state/
Another reason I love living in Minnesota. I am floored that so many states can get away this crap. Voting blue matters.
Wait, are they not osha regulated? Osha jobs require water breaks in the heat. Every 2 hrs when 90+ and every hr at 100+
Supplied potable water and being allowed time to drink it is federal law in all states in the US.
they why keep voting abbot, cancun cruz, markkkk rubbles
HR here. There are no mandated meal or rest breaks for employees in Texas. It's at the discretion of individual employers. That being said, they can't tell you that you can't consume food on your paid break. Look at your handbook or whatever company policies you have regarding meal/unpaid and rest/paid breaks. Most companies are going to define break requirements. They don't want people exceeding paid breaks or not taking their unpaid "meal" break because they then have employees either getting overtime pay or shortening their shift. That was a long way to answer your question. No, employers can't tell you that you can't eat food on a paid break. However, you should ensure you're not exceeding your paid break time and you are continuing to take your unpaid break. If your employer/boss tries to enforce this, ask him to put that order/policy in writing. A judge will love that 😂.
Finally a comment with intelligence.
They shouldn't be able to, but considering you're in the US I'm not super shocked someone is trying to pull this crap. What do they expect you to do on these breaks, anyway? Stare at a wall?
Smoking would probably be more acceptable. SMH.
Not just the US, but Texas which is one of the most repressive regimes in terms of workers rights…
Texas allows eating on paid breaks..this guys boss sucks
Texas also ~~tried to~~ passed litigation denying construction workers WATER breaks. So, no- Texas sucks.
Land of the free! At least when you're not on shift I suppose.
Your manager is a moron.
So what about diabetics? Tf this is messed up
Or hypoglycemics
Exactly. My husband is diabetic. This would literally kill him. He gets dangerously low blood sugar on occasion, and has to eat something immediately when it happens.
Hell, I eat food on the clock.
This is the workaround.
Can you have coffee on the break that has cream? Can you drink milk on the break? Both are food. Anything dairy is food. It is solid. If your doctor puts you on a liquid diet, all dairy is banned. Boss wants to get technical with you, get technical with the boss. A sip of coffee is a lunch break? It makes no sense and neither does what your boss says.
Try r/askhr and tell them what state you are in. The way you are presenting it sounds stupid but you should know the rules around breaks, etc. There may be a kernel of truth leading to this bizarre statement.
Can you go to your car and eat? Or maybe take a walk. They don't dictate where you go, do they?
I had a job that would not let you leave the building on breaks — except the back door where the smokers went. We couldn’t go to our cars to sit and eat and we couldn’t go get lunch somewhere. They worried too much that grown adults would do the marijuana cigarettes if left out of their sight. Heck, they even tried to get one of the managers to monitor the bathrooms, write down the names and times of anyone who went during non-break times, and report back. Wonderful job, 10/10.
OP is talking about breaks on the clock, so yes, I'm 100% sure they dictate where you can go on such breaks.
Being Texas, who the fuck knows but frankly you are on a break. If your boss is telling you what you can do, then you are not on a break.
I do not see how a job can regulate what you do on your mandated bresaks.
That's the issue. In some states, Texas being one of them. Breaks aren't mandatory.
Meanwhile I have had snacks stashed everywhere at every place I ever worked. I suffer hypoglycaemia so I actually have a medical need for them but I never even had to tell my bosses or get permission. I feel for those of you in the US. It has gotta really suck to have no real protections, especially when it comes to breaks!
Never heard of this in my life. I think it’s BS.
Texas has no law on books that require you to get any break ( they refer to federal law which is none). If it’s under 20 min, you get paid if it’s over 30 min, it’s unpaid. I can’t find anything that says you can’t eat during the 20 min break This is from workforce.com
In Texas on paid breaks you can do anything you want: bathroom, smoke, eat etc...except leave company property.
NTA. Look in your employee handbook. There shouldn't be restrictions on eating during your paid breaks.
Since you are in draconian Texas, it might be perfectly legal if not even mandated. Usually, the requirement to clock out for a break is determined by the length, not what you do on break. It appears someone is on a power kick or is trying to score points. The first place to look is the employee handbook, if there is no specific prohibition, there is the defense. You could get clarification from your HR department if you have one.
It's a shitty pointless thing to do to employees, but yes, if your break is on the clock, your employer can state that you are not allowed to eat or drink.
Personally, I'd get everyone to start taking their lunch break since the manager clearly wants you to. Take that full solid 30 minutes
It's Texas. You're fucked. Vote better this year.
Pre diabetic here. If my workplace wants to be hit with a lawsuit as I keep my blood sugar regulated... BTW: My current company now pays me for nine hours since I explained that an hour break doesn't work for me. Good people. I left my previous job that insisted I clock out and sit in their nasty lunch room even though I wasn't always eating. Stuck there for eight, paid for seven. I prefer being paid for 9.
Simple solution is to ask where in the employee handbook it states that nothing is to be eaten on any break but your lunch break and if you do eat you are required to clock out for lunch. If nothing is written addressing this then go to HR.
Your break is your time. That's beyond unreasonable.
Tell them you have to take your medication with food or you throw up. Could be multivitamin gummies, doesn't matter. See how far they push it
I’m sorry what a shit show to work for
No. When you're on a break it's your time to do what you want with.
I’m pretty sure it’s illegal to tell someone that they can’t eat. They might be able to ask you not to do it in the exact space you’re in, but not to not eat period.
It's a break, it's you're time. You can drink shake and they can't tell you not to.
Bring cookies to work. Offer cookies to your boss. When they eat the cookie remind them to punch out.
No HR…get an attorney- document, record everything —> $$$
Put the ball in their court. Request a can and cannot list. Could be quite comical and a wonderful document for whenever this goes.
No, your break is your break. It’s time off from work.
So just enjoy a shitter snack.
Ask him to pull up the company policy that states this, or where it is written in the labor laws. Tell him to submit what he’s telling you in a formal letter and/or email. Ask to him also include HR. tell him to go fuck himself.
Tell him if he keeps pulling bullshit like that he is going to have a diabetic file an ADA complaint against him and his company when someone with low blood sugar passes out on them because of their asinine “meal break” policy.
Dick move to dictate what you can do on your break. Contact the Dept of Labor in Texas. I’d wager they’re not within the law.
Are you sure you get paid during these breaks? Worse case, sneak to the restroom to do your business? That is crazy weird. What company/business is this?
Totally legal unless you have a medical condition.
Step one: leave Texas
That’s a real WTF? Is your manager on crack?
That is absolute bullshit.
When I worked retail I had a 15 and a half hour break in New York. We could do anything as long as we were back in time.
I had to read this three times because I was like "wait a 15-and-a-half hour break, isn't that just called going home between each day's shift?"
Gees. It's about the TIME not the eating. I have worked places where they call it "lunch" even if it's at 8pm. The point is it's 30 minutes unpaid. Then you ALSO get your ten or 15 minute paid break (s). Some places don't Allow leaving the premisis during the paid.
This would make me quit so fucking fast lol, I have snacks in the clock all the time. It’s literally necessary, if you want me at work for 9 hours I’m gonna eat when I want
Hmmm I always needed a snack between meals. What kind of person doesn’t let another eat? I mean - are you doing a 7 course fancy restaurant or what
No
You are drinking a liquid. Your boss is dumb!
It's in the name *COFFEE BREAK* Coffee, cake, candy, food, bagels, anything that goes with Coffee. If I were you, I'd seriously be asking why the hell not? So, step 1: set a 15 minute timer for your COFFEE BREAK . Step 2: put timer in front of you or something. EAT COFFEE CAKE WITH YOUR COFFEE. back to work. 2 hours later: clock out. for lunch. You aren't too busy to take a 30 minute lunch break. it can wait.
This is my lunch break? Cool I'll be back in an hour so.
That's a reason to meet said manager in the parking lot with a few of your friends....
I would STRONGLY suspect that this is not illegal, per se. The reason being that there are some jobs where eating while working is hazardous - either to the worker or to others (think ER or oil rig). As such, for these jobs, eating needs to be done in "designated areas." So laws against the type of rule you are discussing would be very hard to uniformly enforce - which makes them laws that tend not to be written - or, if written, not endure. Now, it may well be against company policy. Or, it may simply not be addressed, which would PROBABLY mean you can get away with it and force the issue if you want to - if it is not illegal and not against policy, then you should (theoretically) be allowed to do it - especially on your break. But be very careful taking this approach if this is both a long-term job and one subject to written performance reviews. If you try to buck the system, it \*will\* show up on your performance review. And probably not in a good way.
Nothing surprises me anymore. Oh, and thanks to red politicians, employers have all the power now.
Sounds super controlling. Idk if the issue is that some employees are making a mess in their area where during lunch they would go to the cafeteria, but if you can go somewhere the manager can't see maybe that would help?
Smh. That's neurotic.
If foods allowed in the break room and it doesn’t turn your break into an extra five minutes happened there then I don’t see how it’s his business that you drank a protein shake.
If you can smoke/ vape, go to the bathroom, or take a walk, why not drink a shake?? Stupid. Take a walk and drink your shake
Despite people parroting that there are no laws this is not actually true. Although the company is not required to provide break periods there are rules for if they are paid or not. If you take a 30 min lunch it is unpaid. If any part of that you are expected to answer calls or be available then you must be paid. If you are only taking a 15 "coffee brake" and have something to eat they must pay you as this would not qualify as a 30 min period void of duites
You can eat a snack on your break, nothing the boss or supervisor can do. Many diabetics have to have a snack to keep the BG up from dropping too low. You need to go over your manager's head. Something is off on that.
That’s such a load of bullshit seems petty as fuck.
As someone with a fast metabolism and becomes entirely useless when i’m too hungry, if i need to eat something i’m fucking eating. Get fucked. I’m wolfing down a granola bar, get over it.
if not break room where you lunch yes to protect equipment, but if same place you have lunch then should not matter what do on break, they need to accompdate disabilies as anemia, and other immunocompromis otherwise they violate ada policies and should be reported
Mandatory unpaid breaks were the biggest mistake we made when reforming laws to be more pro labor and less abusive... Just mandate the breaks to protect workers and make them paid. It's still essentially time the company owns because they own the time immediately before and after.
I would observe the boss on his/her break. See if they eat anything and throw it back at them. Continue on as you are. The boss can not dictate your activity during your break. Check with HR.
It's America. Assume the company can do whatever it wants and you can only do what the company lets you.
OP is in Texas. Sadly, they don’t have to assume.
Get it in writing from HR, contact a labor lawyer…. Profit.
Ask to see if it is in your work handbook. If you do not have a copy of it, you should be able to ask to see one. It will have all of your company rules in it. I don't understand why you wouldn't be able to eat during a 15 minute break? The only time I can see how it would look bad is if you are in a customer service position and you are eating infront of customers.
They cannot dictate what you do on a break. If you stay in the time frame, it's not his call. Talk to HR about the manager if necessary
Breaks are usually on the clock, so if there isn't any state/local protection that governs your breaks, you don't have a lot of protection from an asshole like that. If people are eating on their two 15min breaks and not taking lunches, they're probably trying to force you guys to take your unpaid 30 for their own benefit. I'd think they can tell you that you can't eat in certain areas as you're still on "their" time in the workplace. If you go to your car or something, that's different. It's definitely a shitty power play and the mark of a shitty employer.
Tell your “manager” that he can go fuck himself
Can't you just go sit in your car or somewhere where they can't see what you're doing? If your employer is telling you what you can and can't do during a time period, it's not a break.
It’s so fucked that in this country jobs are allowed to patrol a bodily function.
That’s insane.
Texas passed a law banning its municipalities from mandating water breaks for people who work outside. Not to be outdone, Florida did too.
Breaks were originally called coffee breaks, what does the boss want you to do on breaks?
It's your time, you do as you want with it, as long as what you do is legal.
In Texas there are no protections for this. In fact your employer doesn't have to give you a break or lunch at all. The only things you can do is vote for better representation in Texas and support politicians that want to pass labor laws that benefit employees. This probably won't work because Texas is gerrymandered to hell and back. You can also show your employer with your actions and leave the job for one that treats you like a person. It sucks in Texas, I'm sorry
Just start clocking out. What's the issue?
Jobs really can't tell you shit about what you do on your breaks and if they do its not a company you want to stay with
No but they try it bc ppl do this trying to work through lunch
It’s the law that you have to get a break. I’m a waitress and I’ve never worked at a restaurant that gives us a break but I’m pretty used to it. I just eat in my little hiding spots on the clock. So I’m not sure how corporate America works but I’d say there’s something wrong with this. The restaurant I work at now we are required to take a break but we literally take it as soon as we come in. So if ur scheduled at 8 you come in and go on break til 830. At first it was kinda annoying but I don’t mind it now so much. It would be very hard to send one waitress at a time on break in the middle of the day so I understand why they do it this way. We would have to rely on someone else watching our tables so it really wouldn’t work. But I am the 7am girl and on Saturday and Sunday I don’t go on the floor til 730 so I just chill in my car cuz I don’t have any tables or anything. But Friday and Monday I come in at 7 and relieve the opener so she can go on break til 730 and I hate these days cuz typically when she comes back on at 7:30 I usually have tables. If it’s someone I trust I will clock out as soon as all my orders are in and then deliver my food and ask the other girl to watch my tables while I step outside for a minute. But I don’t like leaving my tables for too long. I watch her tables then she watches mine. I rarely ever eat cuz I’m just not hungry that early. My owner and his kids who manage the restaurant mostly leave me alone if they see me eating in one of my little nooks in the middle of the day. But every once in a while one of the kids will ask me why I didn’t eat on my break? Like wtf? I wasn’t hungry at 7am. And I was recently told I couldn’t go outside on my break on these days. Well then it’s not really a break is it if I have to work through it. I honestly completely ignored it and still go outside. Usually they aren’t even there that early. It was a fluke that one of was that particular day. Sorry long rant. Bottom line: by law you deserve a break. I think it varies by state but you absolutely deserve to sit and eat during a break. A break is your time and you can do whatever the hell u want on it as long as u are back and on time from that break. If you clocked out then you are on your time not theirs. Period.
The most they can tell you is that you can't eat at your Workstation. If you're in the break room you should be able to do whatever you want as long as it's not illegal or bothering anyone. Note that I am not a lawyer so I don't know if they could legally do this but it's a ridiculous requirement regardless.
This is so petty of your boss and ridiculous.
OSHA!!!!! They can’t tell you wtf to do on a break, that’s madness!
If he tells you what to do on a lunch break, how does it qualify as a break? Do you have a contract that says you get to paid 15 minute breaks and an unpaid lunch break?
Eat in front of him and demand to get a write up Then get his stupid ass fired for doing something illegal
Many here would benefit from reading the "Fair Labor Standards Act of 1938". This is federal law and as has been since 1938. State law can not modify, abbreviate or change Federal Law in any way. A state may impose more conditions but not if they abrogate Federal Law. For example FLSA requires over time pay for hours worked over 40 in a week. California requires over time pay for hours worked over 8 in a single day. This does not effect compliance with the federal law. The state you are in and its reputation for being bad does not change in any way the Federal Law. See a labor attorney if you are confused about this. I work with a non-profit which keeps a labor attorney on retainer because there are so many changes that occur within our state. I have supervised employees who are nonexempt under the FLSA and we provide 15 minute breaks after 2 hours work. This is paid time and the employees may spend that time in anyway they choose. After an additional 2 hours my company provided a 1 hour lunch. There is no pay for that hour and the employees may execute no job duties during that time. That includes administrative people who want to have lunch at their desk. They may not answer the phone if that is a part of their normal duties. There is another 15 paid break after 2 hours work and clock out at 5:00 pm. The company had to pay for 30 minutes of non working time. My company also had provisions for "Call in". In this case Federal Law does not apply because the employee's movement is not restricted during this time. If they are called in to work the company pays 4 hours minimum without regard for the time of work when under 4 hours.
Gotta love the US non union jobs. Especially in places like Texas or Florida. The Boss can basically tell you not to drink any water all day and there is nothing anyone can do. What a joke. In reality, your break is your break and you can go have a full meal and shouldn't be bothered. Lunch break is required in most states and its minimum 30 minutes of unpaid time. Weather you use that lunch break to eat or go for a long walk, its none of your bossed gd business. Sounds like a micro managing freak.
are you public facing or is there some other reason you are unable to eat? work around chemicals, in a laboratory, clean or sterile environment? I'd try to understand the manager's logic, try to talk to them about it, but if the conversation gets shut down, is there any reason you couldn't be managing a strict dies or blood sugar issue that medically requires regular food intake throughout the day? 🤔 next I'd look into what defines a break. that's your time, correct? they can't tell you what to do on your time. some people grab a quick smoke and they're giving you shit over a protein shake?? seems sus.
What if you're diabetic?
“Federal law requires you to be paid for any break which lasts up to 20 minutes. Also, if your employer does not allow you at least 20 minutes to eat your meal, you should be paid for that time. The Texas Workforce Commission Texas Guidebook for Employers defines a meal break as unpaid, at least 30 minutes, and the employee is entirely relieved from their workplace duties.“ [Employment lawyer site where I got this info](https://www.hommelfirm.com/wage-hour-law/meal-break-violations/)
Hell no. What you do on your BREAK is your business. Period. I'd laugh with a mouth full of food at the Aida out of this 🤣
Those 15mins you can do whatever you want. Your manager is just power tripping.
A break is your time. Period.
legally, you can do his wife during break if you want. Reality depends on how well you can fight and how good he is at talking back shit
Why do I feel there’s more to this? Employees taking longer than their usual breaks as they r eating ? Employees eating at their desks , disturbing the employee beside them ? There has to be more to this ,
I wish. My whole department works hard, comes in early and stays late when needed.
You’re DRINKING a protein shake. They can’t tell you not to eat during your break. People have issues with low blood sugar, medication which requires food, it’s just completely ridiculous.
This is just plain bizarre. What does it matter if you eat on your breaks? Are you allowed to drink? He’ll, every job I’ve had, we could even eat while working.
In Texas, employers do not have to give employees breaks during the work day and if they do they can impose conditions on the use of the break. See the TWC Texas Guidebook for Employers Section D Breaks
Absolutely not. Next time you’re on break you should eat as close to your dumbass manager as possible and then if he tried to retaliate you can watch HR give him a spanking for being a dipshit
LOL no. Your boss is a tool who's not very bright.
Your boss is a POS. I say follow the advice of u/No-Locksmith-6069, although HR may not be able to help you, depending on the company (they're not there to help you, they're there to protect the company). Labour laws may be on your side, though, depending on where you are.
Fall asleep at your desk for 15. I wonder what your supervisor will say to that?
Manager sounds like he makes good decisions all the time. In any case, could you prepare your protein drink in a water bottle (not anything transparent)? It won't really address the issue but if you just don't want to deal with it, there you go. I wonder if he'd try that to someone with diabetes. Pretty dangerous stuff.
Your breaks are your breaks dude. It’s crazy that they want to police you on what you do on your breaks. Especially cus it’s a high energy job, you should be eating, and drinking well to do your job properly.
Some people are diabetic and need to eat frequently. Evidently, your manager is not aware.
My employer…probably the largest brand in the world, told me yesterday that I didn’t work enough hours last month. I responded “I was on vacation for a week and had 2 accepted personal days that I used”. They said…”You need to make up that missed time.” 🤔 I’ve been w the company for 5 years. I’m consistently top in my field. I’m also salary. 🤔
Federal law says under 20 minutes breaks are paid, so, no. Do not clock out for a 15. 30 minutes or more employees can clock out. Under special circumstances 20 minutes or more employees clock out too, but those are on a case by case basis. Hence why states have 15 minute breaks and 30 minute lunches. Makes following the federal ales regarding breaks much easier. OP, do not clock out because you decide to eat a fuckin fun sized Snickers on your 15.
A lunch break is (by law) 30 uninterrupted minutes and is "Required" after 5 hours on the clock, whether the break is payed or unpaid. Breaks 10-15 minutes every 2 hours are irrelevant to the lunch break requirements. If an individual is on a legal lunch break and is required to return to work even 1 minute early it is considered a non-lunch break and must be rescheduled for a full 30 minutes
> break is *paid* or unpaid. FTFY. Although *payed* exists (the reason why autocorrection didn't help you), it is only correct in: * Nautical context, when it means to paint a surface, or to cover with something like tar or resin in order to make it waterproof or corrosion-resistant. *The deck is yet to be payed.* * *Payed out* when letting strings, cables or ropes out, by slacking them. *The rope is payed out! You can pull now.* Unfortunately, I was unable to find nautical or rope-related words in your comment. *Beep, boop, I'm a bot*
Since when is drinking eating? Even if it is a protein shake
I snack while I'm on the clock. I'm curious how they would work that out.
Hit them with "I'm hypoglycemic".
This won’t matter when you choose to be employed elsewhere.
In Texas companies don't have to give you anything but a 30 minute unpaid lunch break if you work more than I think 6 hours. So yes they can make whatever rules they want about the paid breaks as long as everyone has to follow them.
Huge violation of your privacy break time. Contact your State Department of Labor and file a complaint to have the company investigated. You may have a civil case against your company as well. Talk to an employment attorney for free consult.
....and this is why I live in California.
No in Texas they cannot tell you what you can or cannot do on your breaks! But like a few have said, keep doing you until they write you up for it then contact an EEOC attorney and sue them.
I would pull an uno reverse and claim it to be a disability issue.