can I take legal action against the company i work for, as i have not had a lunch break for three weeks!!?

Question

wanted to know if i can take legal action! against the company i work for! as i have not had a lunch break for three weeks, and acording to my aera manager quote" thats what comes with being a manager!!" i work for a large retail company and my shift starts at 8:30 am to 6pm, really wanted to know if i can take further action as i feel the company are wrong!

thanks for all the answers, i should have added that im an asistant manager! and my store manager was scaked three weeks ago! through gross misconduct! theft!!!! im the only other manager in the store! I've also been told im not going to be paid , even though i have been running the store single handly as a store manager!!,as i can't leave the shop as im the only assiatant manager well the only person that is trained how to do functions on the till!!! but today i spoke to HR about not having a lunch break for 3 weeks! and it's against the law not to have a break and at 2pm im going out to lunch! so you had better find some cover!
i was then bombarded with phone calls and i got a lunch break as someone from another store covered me!
i mentioned the word LAW and they could not do another for me! so i really do want to take the matter further! as i know im in the right! and as for being told managers dont get breaks! if your not being paid i think im in the right

Answer 1

From my experience working in HR, they probably sent coverage because they wanted to appease you and to finally give you some kind of break. Not because you dropped the "L" word. If your DM wants to keep you, then they should work with other locations near to continue to provide coverage when it's available so you can take your breaks.

I'm assuming you are in the US. If you are and you do do not reside in a state that has requirements for lunch breaks, then you have no standing. A lunch break is not legally required under Federal law and in most states in the US. Even if you are in a state that requires breaks, you may be exempt because of your position as an assistant manager. Most management positions are classified as "exempt" under the Fair Labor Standards Act.

Many people have the misconception of a required 15 minute break for every three/four hours worked. That only applies to 14 and 15 year olds who are on a work permit. If you are an adult, and especially if you are management (assistant or otherwise), then your employer can work you like an ox in planting season.

Believe me, your situation is very (and unfortunately) common among retail managers all over the country. That's why I got out of retail!

Answer 2

Legal action? Not likely, and not likely successfully. You don't say where you are, but in the US at least, federal labor law does not require them to give you a lunch break. In some states it's required, but management jobs might not be covered.

Do you mean you can't even grab a few minutes to get a drink of something and maybe wolf down an apple, or that you don't get to go to the break room away from work for half an hour at a time?

If it's bothering you that much, you could always ask if you could have a different position, maybe regular non-management floor work, where breaks are given.

Answer 3

If you are being paid by the hour, you must receive a 20-minute unpaid lunch break for every 5 hours of work, unless your entire shift ends in 6 hours. You must also receive a 10-minute rest period for each four hours of work - this is a paid rest time.

If you are paid a salary, you are not entitled to any breaks of lunches by law since you are considered to be "on the clock" 24/7.

If you are not receiving breaks to which you are entitled, tell your HR person or top manager right away. If they do not respond, contact www.dol.gov to find the nearest labor office and file a complaint.

p.s. Not every sentence has to end in an exclamation point! :)

Good luck.

Answer 4

I would advise against taking legal action, to be frank, you would be laughed out of court,(if your case got there) as a manager you should have the ability to organise and delegate, so use your powers and create time for a lunch break, if you can't do that, then really you should not have applied for this position. At the end of the day any employee is only a digit on a payroll, nobody is indispensable, if you don't like what you have got yourself into, then leave and find a job you are happy and capable with. (sorry to be so blunt).

Answer 5

Are they scheduling you without any break? Are you in a business where there are set lunch and break times? If so you probably could. It seems that you feel you are being taken advantage of. Are other managers working the same way?

I can't say how the company would react to you taking legal action against them. I would be prepared to halt your forward movement of your career if you take this action. While they can't retaliate against you for a complaint, it's easy to know that you aren't truly "one of the team"

As for what he said, I have to say that I whole heartedly agree with him. I have been a manager of various teams for about 15 years now. I've managed small teams to larger groups of 45 or more people. I've managed places where I had food sitting out for 2 hours where I grabbed a bite to eat as I passed each time. I would never get to sit down to a meal until near the end of the night (this was in the catering business).

I've had jobs where I've eaten at my desk while working. This is the norm for me. I look at management as a two pronged item. First, lead by example. If my teams see the type of work I do and that I am always running around I feel most will work harder. I practice the do as I say type of management. Second prong is to take care of the team. I do make sure that if I see a team member working through lunch a few days in a row I go and tell them that they need to take lunch to unwind. I don't want them burning out.

My current project that I am working on has had me working about 16 hours per day for the last 10 days. Lunch and dinner have been at my desk. All this and I am a salaried employee. I am on a high profile major project. If this project is successful I know it will add to my reputation within the company. I see it as an investment. My time and dedication for possible future advancement. This type of mentality has gotten me far through my career.

Now there are companies that make people managers in title only to try and get more work from them. These types of companies generally do this to try and take advantage of their employees. if you work at one of these places then I would say yes, you have a case.

all in all, if you feel that you deserve a set schedule and set breaks and times off then management may not necessarily be for you. I take breaks when i can get it. I am on call all the time as I feel that if my team needs me they know my cell number. my team has enough sense and respect for me that they will only call me if they really need something.

Good luck!

Answer 6

European Working Time Directive says you have to have a 20 minute break every 6 hours. But as others have pointed out it depends on what is stopping you from taking that break. If it is because you personally don't trust the rest of the staff to be left alone, then you either have performance or resourcing issues that need to be tackled. As a manager you have to take some responsibility for the scheduling and workloads of yourself and your staff.

Answer 7

I am office supervisor and i haven't had a lunch break in 3 years - not that I'm not allowed its just that if I want a smoke break I use my 20 mins lunch break throughout the day, if you take your problem further I can see you being without a job

Answer 8

Since you are a manager I am not sure that my advice will work for you. It depends how broad in membership the union that supports your type of artisan or professional operates. If you belong to a union, seek their advice because they have a lot more clout than the law. If you don't belong, then consider joining the most appropriate union for your job and rank. The threat of a referral to a tribunal gets most employers worried enough to listen to you. Good luck!
Beyond DAve

Answer 9

Yes you can definitely take it further, you are legally entitled to a 15 minute break after every 3 hour's work, and apart from being legally wrong they are in breech of a number of health and safety code's. Might be easier to fight them on the health and safety side of it, it's a huge issue in the work place at the moment.

Answer 10

If you are in the UK you are entitled to a break every 5 hours I believe. I think it sounds like you are being over-worked and intimidated. I'd be inclined to take them to court. If they fire you, you can sue the pants off them. I would advise getting off YA and talking to a lawyer. Most solicitors will give free half hour advice sessions or even give free advice over the phone (even solicitors who don't officially give free advice will be willing to have a quick chat over the phone as you're a potential client). It's also worth talking to the Citizens Advice Bureau. It is not okay to tell you you can't take your breaks and it is their responsibility to get more staff in!