Is it against the law for someone to work 8 hour shift without taking a break ?

Question

I WORK AT A PLACE , AND I WORK FROM 5:00AM TILL 1PM AND I DONT HAVE A LUNCH BREAK. I WORK 8 HOURS STRAIGHT.

Answer 1

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.
FLSA (Fair Labor Standards Act) 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.

If you need the specific laws for your state, please post where you live and I will add them.

Answer 2

Federal law dictates that for an eight hour shift you be allowed two ten minute breaks and a thirty minute lunch. Of course depending on what state you live in really determines if a complaint about this is even noticed. In Idaho there are no labor laws established about breaks and it is a right to work state. This basically means that they can fire you if you chose to take a break, show up late, pizz the boss off, anything, no reason. Here I have held several jobs were I would work with no breaks for eight hours or more at a time. I have tried to point out that the federal law precedes the state laws but here there are very few people who are willing to do anything about it if, if any. Most lawyers here would laugh you out of the office because it isn't worth it to them to take the case. But it is illegal none the less so talk to your union or your boss about it. If nothing else they will show how big of an idiot they are. FEDERAL LAW IS APPLIED BEFORE STATE LAWS. This means that if the state law says you only get 5 min then it doesn't matter cuz federal says 10 min and 10 min it is.

Answer 3

By law you must be given a 15 minute break every four hours so yes it is against the law you must receive at least 15 minutes on a 8 hour shift ------------------------------- The Fair Labor Standards Act (FLSA) does not require employees be given meal or rest breaks. However, if employers do offer short breaks (lasting about five to 20 minutes), federal law considers these short breaks time for which employees must be compensated. Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than short rest or snack breaks and, thus, are generally not time for which employees must be compensated. The FLSA is administered and enforced by the Wage and Hour Division of the Employment Standards Administration.,looks like most of us were wrong no break is required under federal law--------------------------------------------------------Massachusetts General Laws chapter 149 section 100 requires a 30 minute lunch period, but does not require breaks. The Boston Globe on 12/7/03 explained: "Although many employers do provide time for one or two breaks during the work day in addition to time for lunch, they are not required to do so. The law in Massachusetts states that an employer must provide a thirty-minute meal break during each work shift that lasts more than six hours. This one half-hour meal break is unpaid. In addition, Massachusetts' law does not require employers to provide any rest breaks." Which state do you live in?

Answer 4

Unless you're a fireman or in some other special classification you have to have a lunch break of at least 30 minutes after working for five hours unless you are going home for the day after working six hours. It's not against the law for you to work, it's against the law for your employer to not give you a lunch break. If you start work at 5:00, you must have lunch no later than 10:00 unless you are going home for the day at 11:00

Answer 5

Our province (Ontario) has labour laws in place that regulate things like breaks and lunches.
Check in your phone book in the government listing pages for a department or ministry of labour office and give them a call.

If I miss a lunch break (which happens quite often) I must get paid time and a half for the hour. It will depend on the kind of job you have and where you live.

Answer 6

They should give you a break, but they also have to pay you for the entire work time, without deduction for break time. You ought to look at the policies of your employer and see what they say.
When I was a cop, we might be called to scenes and work for 10-12 hours without a break, but there are exemptions for certain occupations from some FSLA guidelines.
Again, check the policies, your boss may be violating company policy which they can be hung out to dry for.

Answer 7

It's illegal in California, but it depends on your individual state. In California you are required to take a lunch break before your 6th hour is reached. You are also required to take a break for every 4 hour you work. Check with your state law. I believe they are suppose to post it somewhere obvious. I worked for the fed a while back and I got Peaved that they tried to hide it. The feds the biggest violator in labor laws.

Answer 8

I work 10 hour shifts for a police department and don't get lunch breaks so NO it is not illegal. Will they not let you get up from your workstation to go to the bathroom or get a quick bite to eat? Then, that is probably illegal depending on what country you are in.

Answer 9

It's against the law for your employer to make you work that long without 1-30 minute break and 2-15 minute breaks. If you choose not to take these breaks, it's up to you. But your employer cannot deny these breaks to you.

Answer 10

the company you work for is suppose to give brakes every 2 1/2 to 3 hours. 2 15 min brakes and a 30 min lunch. if YOU decide to work the whole 8 is on you. not the company. if the company is making you work like this call the labor board.