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no breaks for salary workers? Massachusetts

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  • no breaks for salary workers? Massachusetts

    I have read that in Mass you are required by law to be giving a 30min break if you have worked six hours, does that apply to salary workers also?

  • #2
    I don't know the law pertaining to this

    Originally posted by do59
    I have read that in Mass you are required by law to be giving a 30min break if you have worked six hours, does that apply to salary workers also?
    But i would imagine that being a salaried worker only effects how you get paid,and overtime,i don't think that being a salaried employee would override a labor law on breaks. There will be another senior member to answer this for you. Good luck poster!!

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    • #3
      By "salary", do you mean "exempt", as in exempt from overtime? "Salaried" is merely a pay method.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Turbowray, in many cases laws regarding breaks or time off apply only to non-exempt employees, or only to exempt employees.

        It is important in this case to know whether or not the poster is exempt, or salaried non-exempt.
        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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        • #5
          Thanks cbg!

          Originally posted by cbg
          Turbowray, in many cases laws regarding breaks or time off apply only to non-exempt employees, or only to exempt employees.

          It is important in this case to know whether or not the poster is exempt, or salaried non-exempt.
          If i had a dollar for every new thing you have taught me,i would be ready for reno lol!!

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          • #6
            cbg, I'm not aware of any case, advisory opinion or other law limiting the restrictions of c.149, s.100 to "non-exempt" employees (although s.101 does provide job function limitations).

            The most often cited Attorney General Advisory Opinon on this matter from 1994 states that employees must be compensated for the time if their movement is restricted or if the employee is required to perform a job function. But, I'd be surprised if an employer could require a "job function" that essentially eliminated a meaningful break or an opportunity to actually eat for "exempt" employees.

            Even 29 CFR 785.19 seems to at least contemplate the opportunity to actually eat as necessary. But this deals with compensation for non-exempt employees.

            Most of these provisions deal with whether or not a non-exempt employee should be compensated for his break time. But I've never seen one that deals with whether an exempt employee should have one, and Massachusetts s.100 law seems to be unique. I'm curious to hear of any other experiences with this.

            .
            This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

            This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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            • #7
              I'm responding primarily from my experiences as an exempt employee in MA. Maybe it's just been the companies I've worked for. However, I've never even had an exempt employee suggest that s/he was entitled to a break; I've always assumed and evidently so have all other exempt employees I've worked with, that since we are not paid on the basis of how many hours we work, that a break based on whether we did or did not work 6 hours or more was not applicable either.

              It seems a touch greedy to expect the benefits of being exempt when it comes to getting our full salary no matter how many hours we work, but to also expect some of the benefits based on hours worked as well.
              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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              • #8
                I agree, cbg. Even when I worked in the great state of California as an exempt employee for 16 years, I NEVER heard exempt employees asking about breaks. They just knew they were required to get the job done and whatever they had to do to do that, they did. Breaks? HAH!!!!
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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