I work at a restaurant and I sometimes work 12 hours shifts. I get so tired and feel I need a break but my boss says I can't because it's too busy. Is it illegal for him to deny me break?
2006-10-22 03:52:37 · 11 answers · asked by LolaCola 2 in Business & Finance ➔ Careers & Employment
depends on what state you live in , but most are ---
they have to give you a break after 4 hours..some places its 6 hours...but yes very illegal not to give you a break in 12 hours. turn him in to the labor board
2006-10-22 03:57:45 · answer #1 · answered by Kismitt 6 · 0⤊ 0⤋
In many states you are required to get a 1/2 hour lunch and 2 15 minute breaks in an 8 hour shift. I'm not sure what the laws are for 12 hours.
It is illegal for him to deny you a break. And if it's that busy, he needs to add more staff.
2006-10-22 04:01:12 · answer #2 · answered by playtime0920 2 · 0⤊ 0⤋
Yes. The law requires two 10 minute breaks and a half hour lunch. Can you ask to take a break whenever there's a lull? I've worked at places where the unwritten policy was "take a break when you can" meaning you have all your stuff taken care of for now, and mgmt. knew all those little breaks added up to the law.
Unless you totally love your job, I'd look in to finding something to do about this jerk. Good luck.
2006-10-22 04:08:36 · answer #3 · answered by chefgrille 7 · 0⤊ 0⤋
you would think that it is illegal, but it depends what state you live in.
check into it here:
http://www.employeerights.info/outten/breaks
"it may come as a surprise to you and your stomach that the federal law governing labor standards, the Fair Labor Standards Act, does not require employers to give their employees any meal breaks. (Whether an employee is paid for his or her meal breaks that he or she is allowed to take may be a matter of federal law"
"Only 19 states have provisions requiring employers to give their employees meal breaks"
"Many employers also choose to give their employees rest breaks, even if the law does not require them to do so. However, you may not know that the federal law governing labor standards, the Fair Labor Standards Act, does not require employers to give their employees any breaks from work for any reason"
"Only 7 states have provisions requiring that employers give their employees rest breaks"
Of course, If you are a union worker, most the time all you have to do is check with your union, tho there are very few restaurants that have unionized workers.
see if you can find out the labor laws where you live, actually, your employer should have provided you with a copy when you were hired, if not, go to the local employment agency and they should have a copy of the state's laws.
I know here in PA, there was just a recent class action lawsuit against Walmarts in the Philly area for workers that were forced to work thru breaks. it is part of Walmart's own policy to give employees breaks something like every 4 hrs. so they broke their own rules, and the court honored the slighted former employees compensation for the infringemnet of their rights.
2006-10-22 04:17:00 · answer #4 · answered by soft 2 · 0⤊ 0⤋
Yes, it is illegal based on Federal Laws for employing minors under the age of 18. I think you can only work until 6 or 7pm. Check out www.youthrules.gov. Good Luck.
2016-05-21 22:19:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You should research the labor laws in your state, but I would guess that no matter where you are YES it's illegal, dangerous and wrong. You should look it up, print it off and hand your boss a copy. That way he can't fire you, you'll get your breaks and if he does fire you... you have a case.
2006-10-22 04:01:42 · answer #6 · answered by scurry505 2 · 0⤊ 0⤋
Yes it is illegal, you are entitled BY LAW, to have at least 15mins break in the mornings, at least 30mins break for lunch and 10mins in the afternoon.If you are in a union, go and see your union rep, if not see the citizens advice centre, they will tell you where you stand. Good Luck!
2006-10-22 04:03:26 · answer #7 · answered by angelswings 3 · 0⤊ 0⤋
Yeah, you can try to turn them in to the labor board but don't be too hopeful. For the most part employers get away with whatever they want, especially in the restaurant business.
2006-10-22 04:02:16 · answer #8 · answered by synchronicity915 6 · 0⤊ 0⤋
soft is right. While most states have a provision for breaks for employees under the age of 18, the rest of the workforce is pretty much up to the whims of their employer.
It sounds like your place of employment is understaffed.
2006-10-22 05:01:05 · answer #9 · answered by Sharingan 6 · 0⤊ 0⤋
by law you have to get a lunch break
2006-10-22 04:00:41 · answer #10 · answered by jason1978 2 · 0⤊ 0⤋