samraweindl
11-24-2006, 07:02 AM
Good morning all, I need some help in a practice of an insurance office I used to work in. We started at 7:45 am in the morning had a 45 minute lunch, and worked until 4:30 pm. We were never allowed any 15 minute breaks. I thought at least one 15 minute break per 8 hour shift was mandatory? They justified it by telling their employees that because we are allowed to go to the bathroom and such that constitutes a 15 minute break. Also we were not allowed to go outside and smoke until lunch time. Which if we had a 15 minute break it would not be an allowance, they can ban smoking from the building but they legally cannot ban smoking on the premesis correct? Would someone please help answer this. I have left this employer because of that reason.
Thank you all!
Samra
mlane58
11-24-2006, 07:47 AM
From Michigan wage and hour law:
Employees under 18 years of age may not work more than 5 continuous hours without a 30 minute uninterrupted rest period. There are no requirements for breaks, meal or rest periods for employees over 18 years of age.
Where an employer has a break, meal or rest period policy, the employee must be completely relieved of work duties and free to pursue his or her own interest to not be considered work time
So your employer isn't violating the law.
cyjeff
11-24-2006, 08:57 AM
And, if they wish, the employer can ban all smoking on company property... indoors or out.
It is private property, after all... therefore, whoever owns it can make the same rules that you make in your own home.
As I have said numerous times in the past, with the exception of a single law in Illinois that affects ONLY hotel employees and not even all hotel employees, nowhere in the United States are the adult employees of private employers due by law a 15 minute break at any time during the day. The Illinois law was passed in the current calendar year; prior to that NOWHERE did the law require 15 minute breaks for adult employees of private employers.
In a VERY few states, and Michigan is NOT among them, there is a ten minute break required for every four hours of work.
As already indicated, the state of Michigan does not require ANY breaks if you are over 18, and yes, they CAN legally ban all smoking on the premises.
