Neither the FLSA nor Texas law requires employers to give breaks during the workday, but if breaks are given, certain rules apply under federal law. The law doesn't give employees the right to take time off to eat lunch (or another meal) or the right to take short breaks during the workday.Workers have a right to at least a 30minute meal break or each 6 hours worked in a calendar day. A 30minute meal break must be provided no later than 5 hours into a shift, though it can be waived for workdays 6 hours or less. Find information about laws that protect workers. Learn how to claim unpaid wages or file a complaint for employment or housing discrimination. Breaks are an essential part of the workday, allowing employees to rest and recharge. You have not been injured as a result of the employer's conduct so you have no right to file a lawsuit. So no, you cannot file a suit. The FLSA dictates that employees must be compensated for all hours of work.