Texas Break Laws: What You Must Provide (and What You Don’t Have To)

CategoriesHuman Resources Management

theunitconsulting

October 21, 2025

Quick Article Summary:

Texas does not require private employers to provide meal or rest breaks, but if breaks are provided, short rest breaks (20 minutes or less) must be paid.
Under federal OSHA heat‑exposure guidance, when heat stress is high, employers must provide more frequent or longer rest breaks, water, shade, and training.
Texas business owners need a clear policy, documentation process, and heat‑illness prevention plan to stay compliant and protect employees and business.

What Texas Employers Must Know About Breaks

Texas State Law: No Mandated Breaks—but Rules Apply if You Give Them

In Texas, private employers are not legally required to provide meal or rest breaks for adult employees. The Texas Workforce Commission (TWC) explains in its employer guide that meal breaks are optional, and rest breaks of up to 20 minutes or less are compensable if the employer chooses to allow them.

Simply put: You could legally have an 8‑hour shift without a break—but if you do allow a short break (typically 5‑20 minutes), you must pay the employee for that time.

If You Provide Breaks: What You Must Do

If the employer voluntarily gives breaks, the following standards apply:

A short rest or coffee break (usually 20 minutes or less) is considered hours worked and must be paid.
A bona‑fide meal break (typically at least 30 minutes, during which the employee is fully relieved of duties) may be unpaid—but only if the employee is completely relieved of duty and not performing any work.
If the employee performs any duties during the meal break (even intermittently), then the entire meal break is compensable.

Employer Checklist: Break Compliance Standards

Before declaring “breaks are optional,” make sure you can answer YES to these:

Did you establish a written policy stating if/when breaks are allowed, and whether they’re paid or unpaid?
If you allow short rest breaks (≤ 20 min), do you pay employees for that time?
If you allow a 30 min + meal break and want it unpaid, is the employee completely relieved of all duties?
Are your managers trained to enforce the policy and not allow work during unpaid breaks?
Are you tracking time accurately and paying for break time when required?

If any of these answers is no, you have a risk of wage‑hour claims via TWC or the U.S. Department of Labor.

Incorporating OSHA and Heat Exposure into Your Break Strategy

While Texas doesn’t require breaks, federal safety obligations may compel breaks in certain high‑heat environments.

General Duty under OSHA

Under the Occupational Safety and Health Administration (OSHA), employers must provide a safe and healthful workplace. This includes protecting employees from heat‑related hazards.

Water. Rest. Shade. When Heat Stress is High

OSHA’s guidance states: “When heat stress is high, employers should require workers to take breaks.” The guidance explains that the length and frequency of breaks should increase as heat stress rises—particularly if the heat index or workload is elevated.

Practical Standards for High‑Heat Conditions

Certain key points every employer should implement:

Provide cool drinking water and a shaded or air‑conditioned rest area.
For new or returning workers in hot environments, allow gradual acclimatization (for example, shorter shift durations at the start).
Monitor work conditions for excessive heat (use WBGT monitors or heat index measures) and adjust work‑rest cycles accordingly.
If the heat index exceeds thresholds (around 90°F or more), consider paid rest breaks every two hours or more frequently.

Heat‑Break Standards for Employers

Here’s a tested standard you can adopt:

When environment is normal, standard breaks per your policy.
When environment qualifies as “high heat stress” (e.g., heat index ~90°F, heavy workload, direct sun): implement paid rest breaks every 2 hours plus water/shade/cool‑down area.
For extreme heat conditions, consider hourly rest, work reduction, or altered schedules until conditions improve.

Employers in Texas with outdoor, manufacturing, or high‑exertion jobs should assume these obligations rather than wait for a specific rule.

Best Practice Policy for Texas Employers

Draft a Clear Break & Heat Safety Policy

Your break and heat safety policy should include:

Statement that breaks are at employer discretion, but if provided must follow rules (paid for short breaks, meal breaks unpaid if employee is relieved).
Outline that paid breaks of 5‑20 minutes are considered work time.
Specify process for unpaid 30‑minute+ meal break if provided.
Add clause about heat safety protocols: water, shade, rest breaks when heat index or activity necessitates.
Require training for supervisors on monitoring heat stress, managing acclimatization, and enforcing rest breaks.

Train Managers & Employees

Ensure everyone understands:

When a rest break is paid and when it is unpaid.
That employees must not work during unpaid meal breaks.
Signs of heat stress (nausea, dizziness, cramps) and how to respond.
That failure to provide adequate rest/water/shade in hot conditions can violate OSHA’s general duty clause.

Documentation and Records

Keep:

Records of your break policy, employee acknowledgments, any waiver forms.
Logs of each paid/unpaid break if policy allows optional breaks.
Heat‑safety records: rest breaks taken under high heat, water/shade provided, training sessions held.
If an employee files a wage or safety complaint, this documentation will be your proof.

Review Compensation for Breaks

If you provide rest breaks of 20 minutes or less, you must pay for that time. If you allow a 30‑minute lunch but the employee never stops working, that time must be paid. Federal law still applies even though Texas doesn’t mandate breaks.

Addressing Business Owner Questions

“Can I schedule an 8‑hour shift without any break?”
Yes—under Texas law you are not required to provide breaks. But if you choose to provide short breaks (≤ 20 minutes), you must pay for them.

“My workers are outside in 100°F heat—am I required to give extra breaks?”
Yes—under OSHA guidance, when heat stress is high you should require rest breaks, water, shade, and monitor conditions. Failing to do so may violate the general duty of care.

“If I give a 30‑minute lunch break but require them to stay at desk and answer calls, is that unpaid?”
No—if you require them to work (or remain on duty) during that period, it must be paid time because they are not “completely relieved of duties.”

“How should I handle new outdoor employees in the summer heat?”
Use an acclimatization plan: shorter work hours first week, gradually raise workload, schedule extra breaks, monitor for heat illness. OSHA provides this as best practice.

“What if I don’t provide breaks but employee files a complaint?”
If you didn’t provide breaks and you don’t have a policy, you may be fine under Texas law. But if you had breaks and mispaid or misclassified them, you may be exposed. Also, if heat is an issue and you failed to protect workers, you may face safety citations.

Why This Matters for Texas Employers

Ignoring break policy and heat‑safety obligations isn’t just a compliance issue—it’s a risk to your business. Wage claims, OSHA investigations, worker injuries, downtime, and reputational harm can result. By creating a clear break policy, training supervisors, and implementing heat safety protocols, you demonstrate leadership and protect your bottom line.

How The Texas HR Outsourcing Experts at The Unit Consulting Can Help

At The Unit Consulting, we specialize in helping Texas employers build compliant break policies and heat‑illness prevention plans tailored to your business—whether you have 5 employees in an office or 50 in outdoor operations. We’ll help you: