Is my employer right and if not what can I do about the situation?

Question

I work at a store in a customer service department which stays fairly busy and I am like many people overworked. I work 6 hours without a break or lunch. I don't need a lunch but would like to have a break but there is a note posted in the break room that there is no law that says I must have a break and I cannot go if my area is not covered. I never get a break and sometimes get thirsty or hungry or just need to sit down but I never get to because there isn't one person in the store that can cover my department. I can't have a drink or a snack in my work center either. If I just go and take a break and someone comes in for service or if the spy shopper comes in, I could get written up and fired so I end up working nonstop. The manager will not cover for me either. I just get fed up as it seems every job I get, I can't have a break.

I work in Texas

Answer 1

There are no laws for your state within the private sector.

http://www.workplacefairness.org/index.php?page=breaks_statelaws

http://www.lonestarlawyer.net/labor_laws.htm

Answer 2

That's true they are not mandated by law to give you a break or lunch. However, this goes way beyond unreasonable. Especially if you work in customer service, to have a break during the work hours would make you much more responsive to customer needs. Ask for a lunch even though you don't eat, take a 30 min lunch. Your not getting paid for that time so what's the big deal. Surely, they won't refuse a lunch break. Your working conditions are 18th century and don't even make sense. The inability to cover you for just a short period, sounds more like they won't as opposed to they can't. You should speak up and if there is nothing that can be worked out, it would be wise to start looking for another job. No one needs to be working for someone this closed minded and ridged.

Answer 3

Mandatory breaks and lunches would be by state law, so depends on where you live. You could call your state's department of labor and ask. But it's very possible that your employer is right, they don't have to provide them - if they put that sign up, they've probably looked into it.

That said, it's pretty ridiculous to expect someone to work that long without any kind of break. From a purely practical (for the employer) point of view, people's efficiency goes down under those circumstances. And besides, if employers want to keep good people, they need to tend to their needs a bit, and treat employees decently and humanely.

What can you do about it? If you check with the state and they don't have to give you breaks, I'd try talking to your boss - if that doesn't work, look for another job, and when you leave, let your current employer know that while you liked the job and felt you were good at it, you just couldn't continue to work with no breaks. Don't blast them, just tell them calmly and politely. Might help the next person in that job.

Update: got this from the Texas website
http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf

Q: After what length of time do I need to provide my employees with a break/lunch period? Do these times need to be paid?
A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current legislation in the state of Texas requiring an employer to provide breaks - they are optional. Work schedules, including breaks, regular hours and overtime hours, are left to
discretion of the employer and are usually based on the needs of the business. However, if breaks are given, the U.S. Department of Labor (DOL) has guidelines on this issue. If "coffee breaks/rest breaks," consisting of 20 minutes or less are given, they must be paid. They are paid because they are considered to be beneficial to the employer since they generally promote productivity and efficiency on the part of the employee. "Lunch breaks," defined as a break of 30 minutes or longer for the purpose of eating a meal, where the employee is fully relieved
duties (performing no work), do not have to be paid. For additional information on this topic, you can contact DOL at 1-866-487-2365.

Answer 4

That sounds completely unfair, but unfortunately your company is right. According to the U.S. Department of Labor on breaks and meal periods, "Federal law does not require lunch or coffee breaks." Even though the law does not require it, the fact that your company isn't reasonable enough to give you a 15 minute break is insane. How do you go to the bathroom?!

The only advice I can give you is to find another job. Life is too short to tie yourself to a job that you hate or are unhappy with. Read up on the top companies to work for that offer great pay & benefits and go for those positions. You'll be better off in the long run. Good luck!

Answer 5

You need to contact the department of labor and industries to find out the exact working laws in your state. However, generally, the average is if you work eight hours in a day or more, you are supposed to have a break after five hours, for at least half an hour. But it depends on the laws in your area, and the type of job, there are loopholes to it. For instance, I had a job that I worked eight hours and could not have a break, but the way it really worked was I had to remain close to the counter and stop my break to help the customers then I could go back to it. So there are loop holes, but it really depends on the laws and your age. There are stricter rules for minors working than adults. Look into that and find out your rights. Then contact the ethics resource center. They can help you too.

ethics.org

Good luck

Answer 6

I have never worked, without some kind of break. If u don't get lunch u should be aloud to ate or drink at your desk. If I have to go to restroom I'm going, they can't stop u or let them clean the mess up & u go home. Most factories I have worked for give 10 to 15 min breaks. In 8 hours 2 breaks & one 30 min lunch break. U don't get payed for lunch, so u r at work for 8 1/2 hours. Thats the way it should be, everyone needs a break throw out the day. Thats called respect for their employee's. Other wise they end up with employee's that don't like their job or company they work for!!!!!!!!

Answer 7

That's True, Law does not require breaks, but I'd take one anyway if it was truly necessary to. You're human, Not a robot, and if your employer doesn't understand that, then it's for the best you find another job regardless. If you do get a break, remember that short breaks (20 minutes or less) must be counted as paid time under the Fair Labor Standards Act. and Lunch must be around 30 minutes.

Answer 8

It depends on what state you live in. Check the web for Federal Labor Laws and check the laws in your state. I have always been givin two 10 minute breaks, and at least a half-hour lunch. When you work part time, as you do, you are entitled to at least 30 minutes if you work more than 4 hours in a day. I believe.

Answer 9

It looks like you're out of luck, and I'm really sorry. Your employer is barbaric, but that's Texas for you. I wish you would spend 15 or 20 minutes every day looking for new jobs.

Answer 10

everyone needs a break i feel your boss is in the wrong if i were you i would check the labor laws govering where you live