Can my employer insist that I take my one-hour lunch break at 12 am when I start at 9 and finish at 7?

Question

I get a break for 15 minutes at eleven, and another one in the afternoon. Nevertheless, I would work 6 hours after my lunch break and feel absolutely tired and energy deprived. My friends tell me that there is a law that entitles people to take their 1 hour break after half the working period i.e. if I work from 9 till 7, that are 10 hours, I am entiteled to take my lunch/rest break at 2 o'clock instead of 12 pm?
I am a sales assistant and work in a stressful, busy environment. Last time when I started at 10.30 and worked till 6. I only got a half a hour break at 1 pm, leaving me absolutely exhausted when my shift was finished. my manager doesn't listen and I would appreciate if anybody knows whether there is law that gives me the right to take my break after half of my working time.

Answer 1

I think your only entitled to a 1 hour break after every 8 hours worked.

Answer 2

I don't know where you're from but in England under Working Time regulations 1998, you are entitled to a rest break of 20 mins in each 6 hour period. This must not be taken at the beginning or end of the shift, however, it is up to your boss when the break takes place. You are doing a 6 hour stretch with no break which is breaking the law. Your boss must also take your health into consideration. Talk to your boss or HR.

Answer 3

Yes, I'm pretty sure that legally there is no requirement saying when u should have a lunch break.

The only legal requirement is that you have to have a 20 min break every 6 hours.

Check ur employment contract but I suspect it contains a clause that will mention 'the best interests of the business' - ur lunch break is timed at 12pm for a reason; because it is in the best interests of the business somehow.
Sorry I think that legally you are onto a loser here, the only thing to do would be to raise it with ur manager and ask them to take into consideration what u have said above.

Answer 4

Your friend's on the right lines, but I believe the law is that you can't work for more than five hours without a break of, I think, at least half an hour.

I'm not sure where you could check this - maybe (assuming you're in the UK) the DTI has some info.

I used to manage a few people, so I think I would have learnt this then, but this was a while ago and my recollection of it's a bit fuzzy (I found it a traumatic experience and have tried to wipe it from my memory ;-) )

Answer 5

How old are you? I ask because if you are a minor, there is rules governing the employer to give you break, even if you don't want it. And you don't have to answer the age question, but do let us know if you are a minor.

If you are an adult, the employer still has the right to decide when to let you on break. There is no law saying you must be let out to lunch at a certain time, or with your favorite co-worker. If you don't like it, talk to the management.

Answer 6

They usually hide behind a "needs of the business" kind of thing which usually only works one way - they ask you for favours all the time, but when you ask for something in return you get diddly squat.

I worked in retail for years. It's poorly paid, hard work, and management always insist on the idium "the customer is always right" when most of the time they are completely in the wrong, so they always take the customers side over their employees, hence staff morale in most shops I've ever worked in is completely rock bottom.

As I understand the law, you aren't allowed to work more than 5 hours without a 15 minute break, so if you get a morning and afternoon break plus a lunch hour then your boss isn't really doing anything wrong.

Answer 7

Unless you are a minor, there is no Federal law that requires the employer to give you a lunch break at all. Some STATES have laws regarding breaks, but you did not mention what state you are in. If you where a minor, Federal law would prohibit the number of hours you are working regardless of breaks.

Answer 8

Don't know but rule of thumb is 1
Hour in 8 hour shift I don't know when it's mandatory but realistically it's AT LUNCH 12.You go and get lunch and then if you continue to work after lunch till 7pm then I'm not sure if you get another hour or whatever ask the city call downtown and ask.

Answer 9

where do you work? if its at walmart then you cant work more than 6 hours without clocking out and going to lunch so taking it at 12 gives you 6 hours so thats ok. if you have a problem with it go higher up on the totem pole and talk to someone else

Answer 10

Yes. As long as you get your lunch before 5 1/2 hours after you start it is legal, if not practical.