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Breaks, can they cram them together?

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  • Breaks, can they cram them together?

    I understand I am allowed 2 fifteen minute breaks and 1 thirty minute break for my 8.5 hour day. However, on a busy day, my manager sometimes crams them all together and I am done with all of them by the my normal lunch time, leaving the last half of my day with no breaks. Is this something they can do??
    Last edited by Rstuart75; 01-17-2006, 09:38 AM. Reason: Declaring State for accurate answer.

  • #2
    Under Federal law, no breaks of any kind are required.

    Under MA law, the only break an employer MUST offer is one 30 minute unpaid meal break if you work six hours or more.

    Neither Federal nor state law requires that you be given two fifteen minute rest breaks. That is entirely up to the employer.

    Since those breaks are not required at all, yes, they can be "crammed together" as you put it, or eliminated altogether (unless required by contract). As long as you receive the 30 minute unpaid meal break, your employer is within the law.
    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
      One more question: What is your occupation?

      Also, one clarification to Cathy's post: If the employer restricts your movement during the meal break, or requires you to perform a job function during the break, then it must be a paid break.

      Phil
      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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