Employers are "Encouraged" to Provide Breaks
Unlike many states, Texas has no statute or regulation addressing break periods in the work place. So, in Texas we fall under the federal regulations. Under 29 CFR Sec. 785.19 (http://www.access.gpo.gov/nara/cfr/waisidx_09/29cfr785_09.html), genuine meal periods are not work times. The employee must be completely free from performing any duties during a genuine meal period. For example, an employee required to eat at his desk is not truly relieved from his duties. A meal time is not required.
Contrary to what some people say, there is nothing in the federal regulations requiring a break period (outside of the meal break). For example, when I worked in a warehouse many years ago, I was told we were entitled to a 15 minute break twice a day. There is no such requirement. But, federal regulations do provide that many employers provide such a break, 5-20 minutes long, to promote efficiency. Such breaks are considered paid time. See 29 CFR Sec. 785.19.
