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  • manager breaks Kentucky

    I work at a fast-food restuarant where I have recently been promoted to shift manager. When I started training for this position they told me I would no longer get my 40 minute lunch break and my 10 minute break I get an hour before I leave work. Now I only get a 10-15 minute break about 3 hours after I arrive at work (my shifts usually run from 4 a.m. to 2 p.m getting a break between 7 and 8 in the morning). I am only in training I'm not running shifts right now and there is also another manager there with me and they are the ones running shifts not me. I was just wondering if they can do this? And if you could tell me the laws concerning manager breaks.

  • #2
    Straight from the horse's mouth:

    http://www.labor.ky.gov/ows/employme...urregulations/

    All of your break related questions are answered here. Apparently you not only get at least a 10 minute break every 4 hours you work, but you also get a meal period around the middle of your shift. And this is for all employees... not just managers.

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    • #3
      break question

      I think that you may have been confused about what I was asking. I don't really get a meal break just a 10-15 minute break about 3 hours after I arrive and this is for the whole 10 hours I work I don't get a second break or a break that is longer that 15 minutes.


      P.S. I am a manager not a regular employee
      Last edited by kbatteiger; 04-17-2007, 01:45 PM.

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      • #4
        Since you are now a mgr., are you an exempt employee as opposed to a non-exempt employee?
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        • #5
          I don't think anyone is confused about what you are asking. I think you are confused about what the law requires and what answers you have received.

          There are no laws about breaks that are specific to managers.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            I was not confused about what you were asking, but Betty brings up a good point. We need to know if you're exempt or not.

            If you're still considered non-exempt, it doesn't matter if you're a manager or a regular employee, you get at least a 10 minute break every 4 hours you work, AND you get a meal break in which you are to be freed of all duties. I don't care what the restaurant tells you, that is Kentucky LAW.

            But if you're considered exempt, all that changes. What are your duties as a shift manager?

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            • #7
              manager breaks

              Can you explain the difference between exempt and non-exempt employees.
              And the duties of a shift manager are to basically run the store you place employees where they're needed and make sure that the store is running efficently and from the message I left before I didn't mean confused in a bad way I meant the you probably didn't understand I what I was trying to ask

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              • #8
                We know you didn't mean confused in a bad way. But nonetheless, we did understand what your question is. We know that you want to know what breaks you are entitled to in your new position.

                The problem is, you are assuming that there is a law that specifies that "managers" are entitled to such and such a set of breaks. And that's not how it works. So when we didn't answer you with, "Managers are entitled to x breaks of x number of minutes" you assumed we didn't understand the question.

                The law recognizes two classes of employees; exempt and non-exempt. Managers, depending on their duties, could fit into either class. What you are entitled to depends on which class you fall into.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  I know you didn't mean confused in a bad way. Don't worry. Read what I posted below:

                  § 541.102 Management.
                  Generally, ‘‘management’’ includes,but is not limited to, activities such as interviewing, selecting, and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use insupervision or control; appraising employees’ productivity and efficiencyfor the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures


                  Does this follow what your duties are? If so, you could be classified as exempt under Executive employees. How much do you get paid each week, and do you get paid for any overtime worked?

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                  • #10
                    manager breaks

                    From the list that you provided these are the things that I do during my shifts train, direct work of employees, appraising employees productivity and efficiency for the purpose of recommending promotions or other changes in the status, handling employee complaints or grievances and to make sure that the store is running efficently. Since I just got promoted to this position I haven't recieved my raise just yet I currently get paid 7/hr but they said that will go up to 8.50/hr by my next pay check (we get paid every two weeks).

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                    • #11
                      If you're being paid on an hourly basis, then you don't meet the requirement of "salary basis" for exempt employees.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        If you're exempt, your employer must pay you a minimum of $455 per week. Based on what you posted for your pay, I don't think you'd make that much... unless you're working 55 or so hours a week, every week.
                        Last edited by JulieBean; 04-19-2007, 01:39 PM.

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                        • #13
                          And that's a guaranteed minimum weekly salary that Julie referenced, not just working enough hours at your hourly rate to gross $455.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            Thanks for the clarification Patty.

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                            • #15
                              manager breaks

                              It is an hourly pay and I only work on average 40-45/hrs a week. Since we get paid every two weeks my average pay check is $450 and that is with about 3/hrs overtime pay being paid 10.50/hr overtime. So does this make me non-exempt.

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