Department of Labor is in place in order to uphold the laws in the State, as well as federal laws which apply to workers in that State. The laws
are meant to protect the rights and benefits associated with being employed by
an employer in that State.
The Texas Department of Labor will, for example, answer complaints
from employees that claim that their employer does not give them access to
legally-required breaks. Employees must be provided fifteen
minute breaks after a certain number of hours worked, as well as a half hour
break after a certain number of hours worked.
In most cases,
employers do not have to pay employees for those breaks, but they must allow
them to take the breaks. When it is suspected that an employer has prevented
employees from taking breaks, the Texas Department of Labor will conduct
an investigation. They may first examine time cards to see if employees clocked
out for their required breaks. However, employers sometimes have employees
clock out without actually taking their break.
The Texas Department of Labor will would conduct interviews with employees to be
certain that they know their rights and that those rights have not been
violated. If, for example, an employee is asked to work through their break, the
employer is in violation of the employee’s rights.