I work graveyard shift at my job from 12am - 8:15am. I've been working there for 3 months now. Since day one my job has been sending everyone I work with on lunch at 1:30am - 2:15am. After that, we work the rest of our shift all the way through till 8:15am. Which means we work for 6 hours straight with no other breaks. When we clock out, we are allowed to clock out for 8:30 to make up for the 15 min that they dont give us at lunch. Even if we work past the 6 hours (overtime) we still get no other breaks. Is my job breaking the law by doing this? And if so, what can I do about it? Can I or my co-works be compensated for this?
2007-12-23 13:00:29 · 5 answers · asked by black_ca_scorpio 4 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
The break should be at 4 am, that would make more sense.
2007-12-23 13:03:50 · answer #1 · answered by Anonymous · 2⤊ 0⤋
"The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative). " Got this off the Department of Labor website. This is a state specific issue. The DOL site provides links to states for more information. My state has a defined law on when employees can take lunch and how long that lunch can be at a minimum. More than likely your state does too.
2007-12-23 13:55:57 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You don't say if you are in the US. US federal law doesn't require that you get breaks or lunches at all, and doesn't require that you be paid for lunch breaks if you do get them, so it sounds like you are getting a lot MORE than they are required to give you.
Some states have more restrictive laws on breaks and lunches, so if you live in one of those states, a break might be required during the second part of your shift. I don't think any states require that you be paid for a lunch break though, so you might want to think carefully before stirring anything up.
2007-12-25 03:13:47 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
So you are working 7.5 hours and getting paid for 8 hours and still whining about your breaks. Give us a break.
2007-12-23 13:11:19 · answer #4 · answered by mechnginear 5 · 1⤊ 1⤋
Depending on what state you may have a case. There is no
federal laws on the issue
see http://employeeissues.com/breaks_meals.htm
2007-12-23 13:09:51 · answer #5 · answered by john 6 · 1⤊ 0⤋