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It has come to my attention from someone employed in Belew's Dairy Bar in Aurora, Kentucky that they do not get any breaks. This person works 6-7 hours a day or more and does not get any breaks at Belew's. I researched it and the law says if your under the age of 18, which this person is, than you can't work in an excess of 5 hours without a documented 30 minute break. What should I do in order to bring this to someones attention. Please any advice is needed as long as its true.

2007-06-09 16:56:59 · 14 answers · asked by amanda 2 in Politics & Government Law & Ethics

Well the person employed in Belew's says that they have the labor law posted but still no breaks.

2007-06-09 17:09:48 · update #1

14 answers

It is illegal not to give a 30-minute break to any employee, of any age, after working five hours. When my children worked in fast-food they were not getting any breaks--and had to eat between customers--if they got the chance. My son once worked for 11 straight hours with NO break, and he was still a minor at the time--we went in and yelled our heads off at the manager the next day--but it didn't do much good.

Go to (or phone) your local labor board--a city council member--the unemployment office--the welfare office--or any place where there are people who can help in this area. You could find out the phone number of the corporate office at Belew's, and threaten a law suit. Talk to someone at legal aid, if you can't get anyone else to help.

My daughter quit a job, because they did give her a 30-minute break each day--but it was only about an hour after she arrived each morning. Then, the next 7-8 hours she received no further breaks. I told her that she should have reported it to corporate, rather than quitting, but she'd just had enough.

2007-06-09 17:12:19 · answer #1 · answered by Holiday Magic 7 · 0 0

Contact your local TV news. They live for stories like these.

Go to the State Labor Board and blow the whistle. This practice is highly unethical.

I am unfamiliar with Kentucky's labor laws, but most, if not all, states mandate breaks for non-exempt (i.e. paid hourly, not salaried) employees.

If Kentucky's laws allow the practice of working without breaks for non-exempt employees, SHAME on Kentucky.

If Kentucky's laws do not allow this practice, Belew's Dairy Bar is breaking the law.

Addendum: Olyesa is flat wrong. Federal law prohibits employers from retaliating against whistle-blowers.

Jeez, if that happened, Cider could wait a couple of years to clear the Courts, and then buy an Island in the Carribbean.

2007-06-10 00:26:53 · answer #2 · answered by d_cider1 6 · 0 0

You can file a complaint with the State's Department of Labor. However, while you do so keep in mind that the person might lose his job over this. Rather than having to deal with a complaining employee, the owner has the option to find the reason to show him out of the door as soon as the first possibility arises. To my knowledge, Kentucky is not the place filled with other employment opportunities.

2007-06-10 00:24:37 · answer #3 · answered by OC 7 · 0 0

Well I'm not sure about Kentucky, but my daughter is 16 teen and work for a ice cream stand in Ohio. She works 3 days a week 7 hours a day without breaks, and it is legal. I would do more research before opening a can of worms. I would hate for someone to get fired or mistreated because of the lack of understanding the law in detail.

2007-06-10 00:09:21 · answer #4 · answered by Anonymous · 0 0

Most states have similar laws and often not for just those under 18. First of all I would make sure that this person you speak of wants to get this taken care and most importantly that it is true. To pursue any type of complaint you would have to go through the Department of Labor. They are probalby going to want to speak to you or your friend, they are not likely to get too involved on an anonymous complaint although that would be better than nothing.

So if you want to try to do something about it then contact them. Here is the web site, check it out and get the contact for whatever office you need. http://labor.ky.gov/

2007-06-10 00:07:47 · answer #5 · answered by CountyMounty 4 · 1 0

Contact the State Dept of Labor In Aurora Kentucky.

2007-06-10 00:05:32 · answer #6 · answered by donna_honeycutt47 6 · 1 1

Make sure the law applies during the summer. A lot of the states that have under 18 rules for working don't have them apply during the summer break, only during the school year. If that's not the case then contact the STATE Department of Labor, the US Department of Labor isn't responisble in this case because it's STATE law that governs breaks NOT federal. Absent state rules there is NO Federal rule requiring meals/breaks.

2007-06-10 00:01:14 · answer #7 · answered by caffeyw 5 · 2 1

The law says they have to be allowed a break if they work at least 5 hours. I would try discussing it with his boss first. Be very careful if you decide to report the company or threaten a law suit. Kentucky is a Work At Will state, meaning his boss can fire him at any time for any reason and he would have no legal recourse.

2007-06-10 01:44:16 · answer #8 · answered by jglawson80 3 · 0 0

It is true in Florida and I think the first person to inform would be the owner of the company, followed by the Labor and Employment Board, if your state has one

2007-06-10 00:04:52 · answer #9 · answered by rec girl 4 · 1 0

I don't know the number for your specific state, but do you have a job? If you do, your employer is required to have signs "conspicuously posted" on the job site about employee's rights. (health care, time off, breaks, time for voting, etc)

Just go to your job and find the number to report a claim, and tell them about this person. If you don't work anywhere, just walk in to a local fast food place or something and ask them for the number.

2007-06-10 00:03:39 · answer #10 · answered by Anonymous · 1 0

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