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  • forced breaks Delaware

    I work for a small company in delaware. My department manager is one of those who is constintly belittling his employees. He curses and uses offensive statements almost everyday. But that is besides my point my question is, is it legal for them to force us to take a second break during the day "besides a
    9:00 break 15min. and a 30min lunch." and then require us to work an extra 15 to make up for supposed unpayed break

  • #2
    Yes, it is legal to require you to take a second break. The employer, not the employee, determines what hours are worked and that includes breaks. You cannot be required to take fewer breaks than the law requires but you can be required to take more.

    However, while Federal law does not require than an employer provide you with breaks, it does say that IF breaks are offered, breaks of under 20 minutes need to be paid. So while a 30 minute lunch break need not be paid, a 15 minute rest break, forced or not, must.
    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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    • #3
      Forced breaks

      so then they cant force us to work from 7 to 3:45 without ot correct

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      • #4
        7-3:45 with one 30 minute lunch is 8.25 work hours. Considering that, any hours worked, over 40, for your defined workweek are OT.
        "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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        • #5
          No, that is not what I said.

          Federal law does not require breaks. Delaware law requires one thirty minute unpaid break IF you work 7.5 hours or more. However, the employer MAY LEGALLY require that you take more breaks than that. IF the breaks are less than 20 minutes, they must be paid.

          Overtime is a function of how many hours you work in a WEEK, not in a day, and the 30 minute unpaid break does NOT count towards the total. Overtime is due when you WORK more than 40 hours in a week.
          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
            triplicate post

            HardLabor, you did the right thing by starting a new thread for your question. In the future, please don't hijack old threads or post your questions more than once. Thank you.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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