Last verified October 25, 2026 · How we verify

Texas break laws

Texas sets no break rules of its own. What federal law still requires, how overtime and teen work hours are limited in Texas, and where to complain.

Texas has no state law requiring meal or rest breaks for adult workers, so breaks are up to your employer. Federal pay rules still apply to any break you do get. Overtime is due after 40 hours in a workweek, the federal rule; there is no daily overtime.

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Meal and rest breaks

Texas has no state law requiring meal or rest breaks for adult private-sector employees. It is not listed in the U.S. Department of Labor's tables of state meal-period and rest-period laws, which list every state that has one.

“States not listed do not require paid rest periods.”

So only the federal rules apply. Federal law does not require meal or rest breaks. Short breaks (about 5 to 20 minutes) that an employer gives count as paid work time; meal periods of 30 minutes or more can be unpaid if the employee is completely relieved of duty.

“Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry”— 29 CFR 785.18-785.19 (rest and meal periods)

Verified October 26, 2026 · Sources (DOL tables last revised January 1, 2023): U.S. DOL, Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector; U.S. DOL, Minimum Paid Rest Period Requirements under State Law for Adult Employees in Private Sector

Overtime

Texas has no daily overtime. You earn time and a half only for hours over 40 in a seven-day workweek, under the federal rules, and only if your job is not exempt.

“overtime pay at time and a half is owed only for hours in excess of 40 in a seven-day workweek”

Verified October 26, 2026 · Source: Texas Workforce Commission, Texas Guidebook for Employers: Work Schedules

Nursing employees also have a federal right to reasonable unpaid break time and a private place, not a bathroom, to pump breast milk for one year after the birth. What the federal pump-break rule covers.

Rules for adult, non-exempt private-sector workers. Industry orders, union contracts, local laws and exemptions can change the answer. General reference, not legal advice.

Workers under 18 in Texas

Teen workers in Texas have limits on how long and how late they can work. Where the Texas and federal limits differ, the stricter one applies. Texas is not among the 33 states that the U.S. Department of Labor lists as having a separate meal-break rule for minors.

AgeHour limitsCan't work between
Under 16 (Texas)Up to 8 hours a day and 48 a week10 p.m. (midnight before non-school day or in summer if not enrolled in summer school) to 5 a.m.
16 and 17 (Texas)No state limit listedNo state limit listed
Under 16 (federal)Non-school days and weeks: up to 8 hours a day and 40 a week
School days and weeks: up to 3 hours a day and 18 a week
7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
16 and 17 (federal)No hour limitsNo night limits

Verified October 26, 2026 · Source: U.S. Department of Labor, Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment, as of July 15, 2025. School-day limits usually apply only to students.

If your employer doesn't follow these rules

Because Texas has no break law, there is no state claim for a missed break itself. But if your employer deducts short breaks (5 to 20 minutes) from your pay, or you work through an unpaid lunch, that is unpaid work time under federal law. File a Payday Wage Claim with the Texas Workforce Commission, online or on a paper form. You must file within 180 days of the date the wages should have been paid. Official page ↗ Verified October 25, 2026

You can also call the federal Wage and Hour Division free at 1-866-487-9243. Firing or punishing you for a wage complaint is illegal.

Checking your hours on your pay stub

Most Texas workers have no state right to a pay stub. Texas requires one only for jobs not covered by federal wage law; there, each statement must show your pay rate, hours, gross pay, each deduction and net pay. Source ↗ Verified October 25, 2026

Paid break time counts as hours worked, at no less than Texas's minimum wage of $7.25 an hour (the federal minimum). Texas minimum wage details ↗ Keep your own record to compare: the time card calculator totals your week with Texas's rules and saves a PDF.

How Texas compares with nearby states

StateMeal breakRest breaksOvertime
TexasNone requiredNone requiredWeekly, 40 h
ArkansasNone requiredNone requiredWeekly, 40 h
LouisianaNone requiredNone requiredWeekly, 40 h
New MexicoNone requiredNone requiredWeekly, 40 h
OklahomaNone requiredNone requiredWeekly, 40 h

See all 50 states and DC.

Questions, answered

Texas breaks: common questions.

Not by state law. Texas does not require meal breaks for adult workers, so it is up to your employer.
None are required by Texas law; your employer decides. Short breaks it does give must be paid under federal rules.
Under federal rules, which apply in Texas: short breaks of about 5 to 20 minutes are paid, and a meal break of 30 minutes or more can be unpaid if you are completely relieved of duty.
Overtime is due after 40 hours in a workweek, the federal rule; there is no daily overtime. Overtime is paid at 1.5 times your regular rate.
Under Texas law: up to 8 hours a day and 48 a week. Under federal law, which covers most employers: 3 hours on a school day and 18 in a school week; 8 hours on a non-school day and 40 in a non-school week, and only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day). The stricter rule applies.
Because Texas has no break law, there is no state claim for a missed break itself. But if your employer deducts short breaks (5 to 20 minutes) from your pay, or you work through an unpaid lunch, that is unpaid work time under federal law. File a Payday Wage Claim with the Texas Workforce Commission, online or on a paper form. You must file within 180 days of the date the wages should have been paid. Verified October 25, 2026
Sources

Where these rules come from

Every rule on this page was checked against the official source below; the quotes are verbatim and were found in the source on the date shown next to each rule. This page was last verified on October 25, 2026, the oldest of those dates. How we verify.

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