What can I do about clocking out for lunch and possible discrimination?

Recently got a hourly job in Austin. I have been there three weeks and been told since day one to clock out for lunch, which I do. I have come to find out and have proof that both my hourly co-workers and supervisor never clock out and routinely make sure that I do, which I feel in its self is discrimination(they are Hispanic and I am the only white of the three) whether what they are doing is right or wrong. I am not sure what I can do as in the dealership world there is little anonymity from me to HR and anyone else, people talk and I doubt much will change.

2 answers  |  asked May 20, 2017 2:40 PM [EST]  |  applies to Texas

Answers (2)

Adam Kielich
If you take a break for lunch and that break is more than twenty minutes then your employer is free to not pay you for the break period. The concerning issue is why your employer treats you differently from other employees. If they are allowed to take paid lunches and you are not then you may have a claim for racial discrimination.

You can file a complaint of racial discrimination with the Texas Workforce Commission or EEOC and allow them to investigate, The concern you point out about potential retaliation is valid. Although retaliation may result in a second claim against your employer that may not be a lot of help if you lose your job and cannot afford your bills.

Some additional helpful resources:


posted by Adam Kielich  |  Dec 11, 2017 11:09 PM [EST]
Karen Washington
The Fair Labor Standards Act is long, but provides a lot of information about paying employees for time worked. There are rules that determine what breaks are and are not to be paid. Keep in mind that it is your employer's obligation to keep time records, and your employer may dismiss employees that fail to abide by its policies. On a different note, if you feel that you're a victim of discrimination, then you may make a complaint. Think about it. Evaluate whether you've been damaged by any alleged discrimination. Then, try to get some legal counsel.

posted by Karen Washington  |  May 22, 2017 8:52 PM [EST]

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