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  • indiana break law

    hello,
    the company i work for just took away 2 of our daily breaks,
    i worked 10 hrs a day and had a 30 minute lunch and two 15 minute breaks each day,
    they posted a memo saying we can take only our 30 minute lunch each day
    and now give me my lunch only after ive been there for 6-8 hours,
    they hire alot of immigrants from ethiopia and other countries,i think they do so thinking they dont know their rights,
    we have supervisors that work there too but the managers and supervisors are trying to get off doing as less work as they can,= they dont have to take over our job so we can take a 15 minute break now,
    and i remember back when we were allowed to take our 15 minute breaks,they would tell us to continue to watch our area,isnt telling us to continue to watch our area still telling us to work while we are off the clock?
    anyways to sum this up short,
    we work 10-12 hour shifts here in indiana and just get 1 30 minute break,
    they told we can have more but its failed to be seen because when we ask they wont give them to us ,and they told only when we are not busy can we have more then 1,when we are busy ,its when we need the breaks the most,its why they are called breaks,
    i tryed to call the labor board for indiana but they told states like california and new york are only states to have the state break laws more defined,indiana just states that 6 hours or more employers have to give a 30 minute lunch,
    is there someone i can talk to or a petition that can be done?

    anyones help is much appreciated

  • #2
    my email

    i heard wal-mart just got sued because they worked employees off the clock,
    telling us to clock out and still watch our area is still a form of work isnt it?
    what if we wnated to get a drink from a soda machine,we cant go get it because they told us to watch our area= work

    Comment


    • #3
      NO state, repeat, NO state, requires that adult employees be given two fifteen minute breaks a day. A VERY few states, CA among them (but NOT NY) requires a ten minute break. NO rest breaks are required by Indiana law; in fact, unless they've passed such a law in the last year, IN does not require ANY breaks, including meal breaks.

      You are free to lobby your elected representatives for change.
      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.

      Comment


      • #4
        Are you clocking out for your 10-15 minute breaks when you do receive them? Those you should be paid for and if you are required to watch your area or only take them when things aren't busy, that is legal. Your 30 minute meal break need not be paid, but your short breaks should be.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          indiana has worst labor laws

          yes they made us clock out to recieve them,we cant take them at all anymore,
          even if they only gave us 2 10 minute breaks in a work day would be acceptable but 10 hours a day with just our 30 minute break seems untolerable anymore,
          id like to contact our elected officials or anyone that could help is this,i feel as if we were being taken advantage of by a law that has been passed in so many other states, and im sure i could get people to sign petitions,


          so we should have been paid for the 15 minute breaks?
          at the time when we were able to take them,they told if we took just 12 minutes of the break then we would be paid for it,if we took 15 minutes our pay was deducted,oh and get this part,when they first took away our breaks,a memo was put out telling that if we clocked out for 15 minutes our pay would be deducted always by 30 minutes,
          after when employees complained of it,then a new memo came out telling to make sure everyone take all minutes of theyre 30 minute break,
          they were working some of us off the clock,
          also when we are on our break,we have been told to go back to work early,
          and now our time auto deducts 30 minutes each time you clock out

          they are taking advantage of the indiana laws not being set,

          Comment


          • #6
            Again, federal law requires that any break under 20 minutes in duration be paid. If you were not paid for those, you can file a complaint/claim with your state Dept. of Labor. If they cannot help you, they will refer you to the federal DOL. Same with being docked for a break for a longer period of time that the break actually took.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              thank you
              im sure they told we weren,t being paid for it,
              so now i know we should have i,ll report it asap

              Comment


              • #8
                Breaks

                How Do They Have To Pay For Breaks If There Is No Law That Say You Have To Have A Break

                Comment


                • #9
                  An employer may choose to offer breaks even if the law does not require them. If the employer chooses to offer breaks, laws exist which dictate when they must be paid and when they need not.

                  Additionally, although neither Federal nor Indiana law requires breaks, there are states that do.
                  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.

                  Comment


                  • #10
                    http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      You are absolutely right, joec. But would it not be better for them to form affiliations with a union already formed? I’m thinking about representation by groups with experience in protecting employees from retribution from the employer. You can hit an employer with the “law” every day of the week, but if you don`t have something behind you other than a piece of paper….Worse: Your interruption of the law against their knowledge of your position, the ole` master-slave position: “So…so what are you gonna do about it?”

                      Comment


                      • #12
                        I agree with your suggestions, joec If I may, I’d like to add that employers and, in particular, any large organization (including large unions) lean toward sociopathism (if that’s a correct word?). The employer because of the very nature of doing business; the organization because of a selective focus on what is best for the majority. So, yelp, it is very unfortunate that the small employer gets lost in all this; and, of course, the employees working for this employer. You may well have the best answer.

                        The “union” (we most often call this the “association”------the word “union” is being replaced ) that I have been a member of for 40 years has over 300K members. Small employers are often left alone. Their employees are part of our association, for sure, but the employer is not in a position to comply with all portions of our contracts. The employees could never benefit with a loss of their employer through bankruptcy.

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