Prosper, TX asked in Employment Law for Texas

Q: I am being overloaded with work and I don't have time to take my lunch break just to finish assignments. Is this legal?

I am paid hourly and required to complete a certain number of assignments each day. I don't take a lunch just to finish the assignments and the company does not allow overtime.

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
Answered

A: Your employer is not required to allow or offer break time, so having to work through lunch is not, in and of itself, unlawful. However, since you are paid hourly, you must be paid overtime at a rate of one-and-one-half times your regular rate of pay for all hours worked over 40 in a workweek. If you work more than 40 hours in a week and your employer refuses to pay you for the extra time, or if a lunch break (that you don't get to take) is automatically deducted from your pay, then this could result in the company's failure to pay you overtime in violation of the Fair Labor Standards Act.

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