When working a 9 hour shift, what breaks am i allowed by law?

Question

I work from 7.45am until 17.30pm 5 days a week, i am not self employed and work for a national company.
I have always been led to believe that i get 15minutes in the morning and a 1hr lunch break (As i am salared staff) and 15mins in the afternoon, but when i complained that i wasent getting my lunch, the company came back at me and said that if i take a 1hr lunch break then i am not entitled to any morning or afternnon breaks, is there any law on this.
I have worked for the company for nearly 17 years and there has always been 3 breaks a day, please help.................

I am based in England, i am 31 and have worked at the same company for nearly 17years, the business is construction plant hire and sales.

Answer 1

If you are based in the UK.......

Employee Entitlement to Breaks

An employee aged 18 years or over is entitled to a 20 minute undisturbed break for every 6 hour shift they work.

They are also entitled to 11 hours rest between each work day and are further entitled to one full day off each week.

So technically of you work a 9 hour shift you are "entitled" to only 30 mins.

Answer 2

The only way to answer this, is to let us know what state you live in.

The federal law, (if you are in the US) does not require that an employer provide any breaks or lunch. Most people are under the impression that employers are required to provided some sort of relief.

State laws can vary wildly on this matter however. In California, (which is the state that I am familiar with), for a 9 hour shift, you are only required to receive two 15 minute breaks (paid), and one 30 minute break (unpaid).

Answer 3

Well two points to be made here. This isn't based on some of the factors you mentioned- how long you've worked there, the type of company, etc. This is going to be based strictly on the state law. So you should say which state you are in to get an accurate answer. Second of all, these breaks are often required to be given by law, but by law are NOT required to be paid breaks. So, maybe that is what they were referring to. Check the website of your state/local laws. If you still think something is wrong, go to your HR department right away.

Answer 4

If the company you work for is in America, they are breaking the law by not allowing you a 1-hour lunch. By law, an employee is entitled to two 15-min. breaks and a 1-hour lunch break during an 8-hour day. In fact, you shouldn't even be working a 9-hour day unless they are paying you overtime. The law also states that no employee should exceed 40 hours of work per week without overtime compensation. Tell your boss to check with the Fair Employment Act.

Answer 5

If you are in the UK then go to Citizen's Advice Bureau for free advice. I think (but not sure) you are entitled to a 15 mins break in the morning, an hour or 1/2 hour lunch break and a 15 mins break in the afternoon. Good luck!

Answer 6

in most states you are employed "at will" meaning your free to leave as i am free to fire you , and you have no "right " to a break or a lunch . most employers allow a short break for restroom , a quick snack , or a smoke because it increases productivity and shows compassion , how ever it's not a right .
i allow my employees to take a break "as needed " aslong as the work is done and they are not abusing it , those that do , normally do not last long anyhow , as for lunch they get a UNPAID hour ,


also to those that think lunch or a break is a RIGHT trust me it's not . there is not one state in the US that requires you to get a break or a lunch , not one

Answer 7

if you are in the US you should be allowed 2 15minute breaks and a 1 hour lunch.

Answer 8

WELL BY MY RECKONING you working a 47/1/2 hours week. less your dinner hours 5 hours which is not paid .what you should be paid for is 42,and a half hours.. and morning, afternoon breaks paid,,,,, are a necessary need,, paid for, free breaks

Answer 9

depends on what state you're in.