Can my boss legally do this?

I work in Texas at target. My job has a rule that if you work 6 or more hours you have to take a lunch break. My boss has been having me close. We close at 11.

The way he will do it is he will have me work a five hour shift, but I will also be closing. Then he tells me I have to take a lunch break despite being scheduled for five hours, because I'm a closer.

So in effect he corners me into taking a lunch break, because if I do he can make me stay and help out (which can take hours).

Is it legal for him to schedule me for a five hour shift and then tell me to take a lunch break? So that I'll be working past what was scheduled? I don't like that he's forcing it on me. They should have to schedule me for 6 hours if they want me to stay late on closing nights, right?


Most Helpful Guy

  • There are many factors that are needed to be considered.

    First thing is meal break laws vary by state as to how many hours are needed until you're forced one. However, keep in mind the law is that you must have one by that time. So your boss is forcing one in fear you may cross over the 6. So your boss sounds like he/she definitely intends on that 6th hour.

    Also what does your shift say? The store closes at 11 but are you scheduled later? If you're a closer in a store there always tends to be duties needed to perform the close. So yes the store closes at 11 but are you scheduled later?

    The Other Thing Is your availability you filled out when you were hired needs to be honored. If you put something like "open" it is fair game for him/her. My suggestion is to change your availability to something like 9-10 so they can't do that anymore.


Most Helpful Girl

  • He can not make you work past your shift time.


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What Guys Said 1

  • That sounds unfair. If you've already discussed it fully with him then go to his superior.


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