Labor laws in Virginia?

Question

Is it legal for an employer to schedule you as a production based worker with the following schedule? Monday - Sunday
Mon-Fri 8 am 5p no lunch no breaks.
Sat 8:30 a to 7p no lunch no breaks.
Sunday 12-5 same as above, 14 days like this and then every other weekend off.
If illeagal who would I contact.

Ford Dealership in Richmond, as a production paid employee. "Technician".

I just checked the Virginia Dpt of Labor site. Seems in VA the employer has all the rights.

Guess I need to quit and move.

Answer 1

The Fair Labor Standards Act's (FLSA) basic requirements are:

Payment of the minimum wage;
Overtime pay for time worked over 40 hours in a workweek;
Restrictions on the employment of children; and
Recordkeeping.
The FLSA has been amended on many occasions since 1938. Currently, workers covered by the FLSA are entitled to the minimum wage of $5.15 per hour and overtime pay at a rate of not less than one and one-half times their regular rate of pay after 40 hours of work in a workweek. Various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 days of employment, tipped employees and student-learners. Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off (instead of cash overtime pay). Employers are required to keep records on wages, hours, and other items which are generally maintained as an ordinary business practice.

The FLSA child labor provisions are designed to protect the educational opportunities of youth and prohibit their employment in jobs and under conditions detrimental to their health or safety. The child labor provisions include some restrictions on hours of work for youth under 16 years of age and lists of hazardous occupations too dangerous for young workers to perform. See YouthRules! for additional information on child labor rules for teens, parents, educators and employers

Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal if they reduce the wages of employees below the minimum wage or reduce the amount of overtime pay due under the FLSA.

In order for the FLSA to apply, there must be an employment relationship between an "employer" and an "employee." The FLSA also contains some exemptions from these basic rules. Some apply to specific types of businesses and others to specific kinds of work.

HOWEVER;
There are a number of employment practices which the Fair Llabor Standards Act does not regulate. For example, the FLSA does not require:

(1) vacation, holiday, severance, or sick pay;
(2) meal or rest periods, holidays off, or vacations;
(3) premium pay for weekend or holiday work;
(4) pay raises or fringe benefits;
(5) a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees; and
(6) pay stubs or "W-2"s.

The FLSA does not provide wage payment or collection procedures for an employee's usual or promised wages or for commissions in excess of those required by the FLSA. Also, the FLSA does not limit the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. However, some states do have laws covering some of these issues, such as meal or rest periods, or discharge notices.

The above matters, which are not covered by the FLSA, are generally for agreement between the employer and the employees or their authorized representatives.

Having searched the Virginia code, I could find no Virginia law requiring a specific work period (except for child labor.)

I recommend that you receive professional legal advice.

Answer 2

They do have to pay you overtime for your weekly hours over 40. As for the breaks and lunch, it's probably not legal but it does depend a bit on what kind of job you do. Days off--- there's no legal requirement to have any days off scheduled except in certain jobs (airline pilots, firefighters, and other careers where your being overtired puts public safety at risk). You should contact the State's Department of Labor or Department of Employment Services to get the details.

Answer 3

It is against the law not to have a scheduled lunch break and be allowed to take it. Contact the Virginia Department of Labor to file a complaint. There are legal precedents for this unfair practice.

Answer 4

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Answer 5

I don't believe those terms are legal - breaks are required. Contact OSHA.