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Lunch Breaks Nevada

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  • Lunch Breaks Nevada

    We work 4 ten hour days at work and we don't "get lunch breaks". We are allowed to go to the kitchen to eat but due to the way the shifts work, not all people get to leave the counter. We don't have to clock out for lunch but we don't get time free of all work requirements either, if it is very busy, we will get called back to the front.

    I understand that the establishment has to "allow for" breaks and they do let us eat as long as it is not too busy or there is more than one person behind the counter.

    Is there a law that would allow for us to get breaks, (any at all) with out retribution? I would hate to have to clock out an extra 2.5 hours and lose that time each week.

    DF

  • #2
    Nevada law requires that you receive a paid ten minute break for every four hours worked or major fraction thereof, and a half hour UNPAID break if you work a continuous 8 hours.

    No law in any state requires that you receive a paid lunch break.
    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
      Originally posted by cbg View Post
      No law in any state requires that you receive a paid lunch break.
      Agreed, although for the meal break to be unpaid the employee must be completely relieved of all work duties, which is not what I got from reading the OP's question.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I don't disagree with that. My reading of the OP is that what he wants is a paid, unrelieved break, though, and he's not entitled to that. He can have EITHER an unpaid break in which he is relieved of all duties, or he can leave things as they are and continue to be paid, but not have an unrelieved break. Nevada law will support his desire to have a break in which he is relieved of all duties, but they will not require his employer to pay him for it.
        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
          breaks...

          Yes, getting the lunch breaks unpaid is what is wanted. However, we would have to punch out and not get to work later or punch in earlier to keep up the 40 hours. That is where the question lies.

          thanks again
          Last edited by dragonfly1; 04-04-2008, 05:40 PM.

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          • #6
            If you want the lunch break unrelieved of duties, yes, you will have to punch out and back in again, and take the time unpaid. You are entitled under Nevada state law to the unpaid lunch break, but it does not count as time worked and it does not have to be paid.
            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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