Is this against the law?

Question

My boyfriend is a chef and he works around 40 hours a week 50 including travel.
Sometimes he doesnt finish work til 12am and has to be back in work at 7am. But by the time he gets home and has a shower its 1.30am when he gets to bed.
Isn't there a law were you have to have a certain amount of rest between working days?
Also he doesn't get a break unless hes working an 11 hr shift. He works like 7am til 5pm No Break but when he works 12pm til 11pm he gets 1hr break.
Can they get away with this?

Answer 1

Change his job if yiu don't like it.

Answer 2

For the most part, mandatory "crew rest" only applies to professional drivers and pilots.

However, as to the breaks, most states DO mandate a break at meal times. Some specify a time (30 - 60 minutes) or state that if 30 minutes or less it must be paid. Most states also provide for a minumum 15 minute paid break at the 2 and 6 hour points of a standard 8 hour shift and pro-rata adjustments for longer shifts.

He should contact the state labor board for his state's requirements.

If the employer is in violation, he might consider filing a complaint, either now or when he leaves the job. I had a similar situation many years ago in MA and waited until after I'd moved on to file the complaint. The employer was investigated by the state and ordered to pay some hefty back wages to all of the affected workers going back 3 years. That was a very hefty check!

Answer 3

I can't remember the name of the case, but there was a constitutional issue about limiting the amount of hours bakers worked. Laws limiting the amount of hours worked only applies to jobs where safety is an issue. chef/caterer is also a gateway job, which means there is a demand for them, since they can lead to better jobs down the road and technically count as "training".

Of course, for workers of any type, no matter what, they must be allowed a fifteen minute break for every three hours of work, which usually comes out to a thirty minute lunch break and smoke breaks during a regular day.

Answer 4

Yes 8 hours rest, but I think that's a fairly new law.
Yes they can get away with it, catering seem to have different laws to retail.
If he works an average of more than 48 hours per week though then that's illegal.

I found a website, just in case I got some stuff slightly wrong:

Answer 5

Catering is a very demanding job - 40 hour week is not bad.
He would have known before he got the job what was involved.
Yes, some chefs work 12 hour shifts, 5 days a week !

Answer 6

What State do you live in?
Employment laws vary fom state to state.

Is he a wage earner or is he on Salary?
If he is paid by the hour he may or may not have to recieve a lunch break. Many states do not require a break if meals are provided to the employee.

Salaried Employees do not generally have to be given a break, although some states limit the number of hours salaried workers may be required to work.

Answer 7

Employers are able to do this They do it to nurses all the time.And you can forget about the labor board helping you.Seriously good chefs are in demand and he should put his health first and try to find another job and make it clear in the beginning that he is not interested in doing shifts back to back.Good Luck

Answer 8

well theres no law against the amount of time u get from cumin home and goin bak work.however ever1 is entitled to a break for lunch and a 15 min break every 3hours of work.i think so anyways

Answer 9

yes it is legal unless he is in some special protected industry like airline pilot etc.. the employers may use you up and spit you out and work you to death then hire a replacement. this is modern America after so many years of republican rule. they broke the backs of the UNIONs and underfund all regulatory agencies. this is called "starving the beast."

Answer 10

Well he could complain about it pointing out it is unreasonable, as he is dealing with dangerous hot foods, he could do something with the H&S act. If the compnay ignores him, you can resign and sue them for unfare dismmisal. Then go and work for a better company.

Answer 11

This type of law usually only applies to people like truck drivers and airline pilots, if he wants to work himself into an early grave that up to you and him.