what constitutes a break? My boyfriend's employer takes 5 hours off each paycheck for "breaks" that my boyfriend doesn't take. The employer says that he has to give "G" a 30 min. break per a 12 hr. shift, but because my boyfriend is the only employee on the property ( hotel night auditor),he can't leave and must still answer phones and perform other work functions. Is this legally a break if he can't leave or do what he wants on his "break time". Employer says that if he can show this to be illegal, he'll stop doing it, but untill then...

I couldn't find anything on S.C.'s Department of Labor website that even suggested there is a State requirement that rest or meal breaks be provided. That's really not the point though - assuming your boyfriend is paid on an hourly basis, he must be paid for all the time he works. It is unlawful under both federal and State wage and hour laws for an employer to deduct time worked from an employee's paycheck and fail to pay him for it.

So the employer put the monkey on your BF's back to demonstrate that what the employer is doing is illegal? Uh, that's not the way it works. The employer is responsible for compliance with the applicable employment laws not "we're doing it this way until you, the employee, can prove it's illegal." Well, I suppose your BF can print out a copy of the Fair Labor Standards Act, toss it on the boss's desk, and say "Here ya go."

Your boyfriend is free to contact S.C.'s Department of Labor and file a complaint regarding all the unpaid "break" time he worked through.

When you drop that copy of the Labor Laws on the Bosses desk, just keep in mind he can turn right around and FIRE YOU for being a pain in the *** to him.

If you are happy making money at your job, dont go to the boss and bring up this type of thing unless you are LOOKING to get fired.

If your not happy with the way you make money on your job then QUIT (if you can). If you can't afford to quit, then you need to just keep quiet and do your job.

This post is two and a half years old. It is quite unlikely that the poster is still coming back looking for additional responses.

When you drop that copy of the Labor Laws on the Bosses desk, just keep in mind he can turn right around and FIRE YOU for being a pain in the *** to him.

If you are happy making money at your job, dont go to the boss and bring up this type of thing unless you are LOOKING to get fired.

If your not happy with the way you make money on your job then QUIT (if you can). If you can't afford to quit, then you need to just keep quiet and do your job.

Aside from highjacking a very old post, this is really bad advice. Employees do not have to put up with illegal work conditions OR find another job. There are alternatives.