Is it a federal law that if I work 40hrs I should have a lunch break or a break at all?

Question

I am working at a hotel right now and they aren't allowing the front desk to have breaks. Is it a law for a full time job? Plus, they didn't give me an employee handbook and when I ask about it they beat around the bush. Can anyone answer this? And give me proof so I can show it to my employers?

In the state of SC.

Answer 1

Your employee rights are posted in the form of a poster somewhere that is visible to all employees. (You know the poster you never read)

Unless it is outlined in a contract, your employers ONLY obligation is to pay you minimum wage. They do not have to give breaks or lunch breaks. That changed during the Reagan/Bush administration in the early 80ties. Reagan was anti-union and American workers lost many employee rights.

In the interest of morale, MOST companies do give breaks and lunch breaks but they are not required too. But there are many employers that mistreat workers, all within the law.

Vote, IT DOES COUNT!!

Peace.

Answer 2

According to the Department of Labor website, there is no law in place guaranteeing a break or lunch. The only rules regarding breaks, is that if they are offered by employers, they must be counted as hours worked. Basically, if you are allowed, say, a 15 minute break, they must pay you during the break. If you are allowed a lunch break of at least half an hour or more, then the employer may require you to clock out. Other than that, employers do not have to allow either if they do not want to.

Answer 3

Do a search on South Carolina labor laws.

Not only do states have certain laws, but there are federal laws the states must stick to.

If you are working a full 8 hours a day, in a motel, I think you would need to be given breaks, thats how it is in Oregon. Some jobs do not have set breaks, you take one when it is slow, but you still get one.

Also, the site's listed below might be of some help.

Answer 4

I found a website called www.laborlawtalk.com. Here's what I found: Under neither Federal nor Arizona law are you entitled to any breaks whatsoever, regardless of how many hours you work. Breaks are never required for the general population under Federal law; it is a state law issue, and the state of Arizona has not seen fit to pass any laws requiring breaks. At all. Ever.

(Despite a widespread and persistant belief that two 15 minute breaks a day are the right of all employees, in actual fact only a handful of hotel employees in the state of Illinois are entitled to such breaks by law. NOWHERE ELSE in the US are the adult employees of private employers entitled to two 15 minute breaks a day, and the Illinois law for hotel workers has only existed for less than a year.)

So, I guess it depends on where you live.

Answer 5

Ok well I work at a hotel also as a front desk clerk and I dont get breaks either. If I remember correctly If you work 8 hrs you are to get a 30 min unpaid lunch and two 15 min paid breaks. Although that is hard to do if you work alone on the weekends and the 3-11pm shift such as us

Answer 6

It's a federal law that if you work 12 hours straight through you need to received a one hour paid break. However, there is no law about working 40 hours a week and a break. It only pertains to hours per day. If your management is refusing to give you an employee handbook I suggest you contact your local unemployment office and ask them to assist you. They are funded by the government and will help you. Seems a little sketchy that your emplyoer isn't giving you a handbook.

Answer 7

State employment laws usually cover this. Typically, if you work more than 6 hours in a day, you have to have some kind of break. You'll need to check on the specific employment law in your own state though.

Answer 8

Yes if you are considered a non-exempt employee, mostly meaning that you are hourly.

If you are exempt, meaning a salaried employee, you have more leway. You have responsibilities that you have to get done. That's how I see it anyway.

I think what it really amounts to is that if you need a break, your employer is required to give you one. It is 15 min. every four hours and at least 1/2 hour lunch break for every 6 hours. Something like that.

Answer 9

HI THERE U YES U SHOULD GET A BREAK EVERYONE DOES I WORK 40HRS PER WEEK I GET ONE HOUR LUNCH OTHER PEOPLE AT OTHER JOBS GET HALF HR. IT IS CALL SLAVERY IF THEY PUT U TO WORK TOO MANY HRS U CAN PASS OUT OR EVEN GET SICK . GO TO www.employment.findlaw.com go to your boss maybe he /or she does not know what's going on . if u get no answers then speak to a lawyer that would speak to u for free . you should have been given that employee hand book . check your local telephone book for more info they should have a listing of where to call. good luck god bless o i work from 8 am to 5 pm with one hr lunch

Answer 10

In the UK, by law, you're entitled to a half-hour unpaid break for every six hours that you work. I know you're from the US but I'd imagine it would be much the same since people can't be expected to work hours on end with no break. I'd contact either management or see if there is some sort of citizen's advice bureau in your area that you can refer to.