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Employees Who Work During Their Lunch Break Might be Owed Overtime

  • By: Lionel Martin
  • Published: April 3, 2014
Employees Who Work During Their Lunch Break Might be Owed Overtime

Time and time again we talk with experienced business owners who make big mistakes when it comes to deciding whether someone is entitled to minimum wage or overtime under the federal Fair Labor Standards Act (FLSA). Here is a common mistake made by Houston, Sugar Land and Stafford TX employers concerning their employees working during their lunch break.

Many Houston Employers think: Our Employees Don’t Mind Work During Their Lunch Break.

Work performed during lunch breaks, after hours or from home falls under the FLSA and is subject to minimum wage and overtime. We hear all the time how my employee does not mind working during her lunch or he takes work home all the time. In other words, they are volunteering to do the work. If this is an hourly employee, an employer who knows or should know of this off the clock work, must compensate their employee according to the FLSA.

Garcia-Martin & Martin, P.C., is a business and employment law firm located in Stafford, Texas. Their attorneys work with businesses and individuals in all types of business and employment matters throughout the Houston, Texas area. They can be reached at (281) 277-3066. You may also visit their website at www.mgmartinlaw.com for additional information and practice areas.

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