labor law question: work breaks

U

UncleZack

Joined
Jan 2, 2005
Messages
14
My part-time employer tells me this:

If at the end of the day I worked:

1) less than 8hrs, I don't have to take any paid time out.
2) 8-9 hrs, I have to take 30 min out of my paid time, i.e I am not paid for the 30 min
3) 9hrs and more, I have to take 60 minutes out, i.e. not paid for 60 minutes.

All of these are mandatory.

Is this legal for him to do?
 
I thought it went in 5 hour increments. Like you have to take a 30min unpaod break if you work at least 5 hours. If you work 10hours your break is then 60 mins and able to be taken in 2 seperate time if wanted that way.

Im not sure though and it may vary from state to state.
 
California used to require
1. 10 min break after 3 hours
2. 30 min break after 5 or 6 hours

don't know about now.
 
I work for the Govt and I get one 15 minute break in the morning, a half hour lunch(that I don't get paid for) and another 15 minute break in the afternoon. I am at work for 8.5 hours total.
 
Federal law if I remember:

4 hours nothing

6 hours and over - one 15 min paid break, one 30 min unpaid lunch

8 hours - two 15 min paid breaks, one 30 min unpaid lunch
 
This all got changed just recently.

All I know is that the Aides at my school are exempt because they are caring for children (there's an exception for such employees.). But everything did change in this area recently, so you'll need to consult a current resource.
 
You really have to check with State and Federal labor laws.
There are also rules on OT pay requirements as well.
 
mschwoeb said:
Federal law if I remember:

4 hours nothing

6 hours and over - one 15 min paid break, one 30 min unpaid lunch

8 hours - two 15 min paid breaks, one 30 min unpaid lunch
Click to expand...

That's how I always understood it.

N2
 
Tennesse guidelines, or at least when I worked at Sears. Less than 5 hours one 15 minute break. 5 hours or more one 30 minute lunch break and a 15. Not sure where the second lunch break comes in but if i was going to be there more than 10 hours I always took a second one.
 
I used to work for Superios Industries in Fayetteville making wheels for the different car companies. At least an 8 hour shift with 2 15 min breaks. If I was lucky enough to work a 12 hour shift (I was blessed with the 'gift' at least 2 days a week) I got three breaks.
6 days a week.
Bought a lot of cool knives and guns, though. Good checks, lots of OT. Few breaks, though.
 
I was just looking around about this, and it looks like there is no federal law concering this?(odd, thought there was a federal law for everything:rolleyes: )

For Minnesota

Sufficient unpaid time for employees who work 8 consecutive hours or more.

Excludes certain agricultural and seasonal employees.

Meal period requirement does not prohibit different provisions under collective bargaining agreement.
 
Not to take away from what anyone is saying here, but these things are way to varied and change every year. They also vary for every type of industry. Go straight to the source. Call your state labor board and ask them directly. Get code numbers and double check them yourself online.

Your state board will know both state and fed regulations as they relate to your field. You might be on hold for an hour or so but it is better to get the right answer and know for sure.
 
yeah... First off, your employer, if they employ more than x number of people, is required by Federal law to post the labor laws for both the Federal provisions and the state provisions in a commonly accessible area. They may have changed in small ways over time at local levels (mostly regarding minimum wage), but I believe Federal Labor Law regarding breaks and lunches is, and for the past decade has, been:

For 4 hours of continous employment, the employee can take a 10 minute paid break.*

For 5 continous hours, the employer is REQUIRED to offer a 30 minute unpaid rest period.... THE EMPLOYEE IS NOT REQUIRED TO TAKE IT!*

Those are the only two Washington State Labor requirements dealing with employee breaks and they are the same for the Federal Reg's. (I just ran to our lunch room where I hung the posters to verify this info... anyone can look it up at their local state.gov and get their local version...)

*Food service employees, however, don't have the luxury of just up and taking their break all in one lump sum: since the food service employee's work schedule is dependent upon the ebb and flow of their customers, they are felt to have the opportunity to take a bunch of mini breaks (ie: not taking the entire 10 minutes at once.)

The only other pertinent issues on the poster regard the basic 40 hour work week limit and how much the employee must be paid for anything over the basic 40...

Hope that helps...
 
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