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lunch or eating period law changed!?!?! New Hampshire New Hampshire

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  • lunch or eating period law changed!?!?! New Hampshire New Hampshire

    i work at (delete) and this morning when i went into work the informed me that they supposibly changed the break law, now instead of working 8 hrs and getting 2 15 min breaks we need to work 10 hrs to get those 2 breaks or we only get 1 15 for 8 hrs. well i wasnt to impresed with what they told me so ofcourse i put up a fight (since ive been there the longest 4 yrs). when i went on my 15 min break i decided to post something on facebook saying how i need a new job and about the "new" law plus at the end i said f**k this place but thats besides the point. well my manager pulled me a side and started telling me that i deleat it or i find another job. so when i asked her if she was trying to violite my freedom of speech she started getting all panicky and ran away and just kept asking me to deleat it since the owner didnt like what i put. well when i got home i looked up the labor laws and it led me to section 275:30- which says we require 1 30 min break for 5 hrs. any suggestions on what i should do!?
    Last edited by Betty3; 07-24-2010, 01:01 PM. Reason: remove name of employer

  • #2
    The law has not changed. If you are not getting your meal break, you file a claim with the state Labor Department. If you work 5 hours, then get a 30-minute meal break, then work another 5 hours, you don't get another meal break-what would be the point? The meal breaks are unpaid and your shift is over. Please note, however, that the law also says that if you don't get the meal break, you must be paid for the time eating your meal.

    However, there is no requirement for employers to provide any rest breaks.

    Honestly, regardless of whether the employer was right or wrong about the breaks, you had recourse, and that was to file a complaint with the Labor Department.

    When you were on your 15-minute break (which, again, is not required by law), you used that (assumed) PAID time, and probably your company's equipment, to disparage your employer, and you were insubordinate to your boss as as well. I would have fired your tail immediately. And it would have been a legal termination, too.

    And, you don't know the Constitution as well as you think you do. The First Amendment say that the government cannot restrict speech. It does not say the employer can't do so.
    Last edited by Pattymd; 07-24-2010, 12:34 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by rob03235 View Post
      any suggestions on what i should do!?
      You might want to delete the fb info, if you have not already done so, if you want any chance of keeping your job.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Who's computer did you use to access fb? If it was the computer provided to you by the employer...you need to stop doing that, regardless of when it is done.

        Secondly, instead of flying into a tizzy let the employer know you will be looking into the laws and would like to know where they got their information.

        Lastly, as stated above freedom of speech is from the government, not your employer. Grow up and learn that your employer can discharge you anytime! Also, how does your employer know aout your fb post???
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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        • #5
          FYI, the law in NH has not changed. I am in MA, not that far from NH - our news stations are the same as at least part of NH and if there had been a change in the law, it would have been widely reported. And if I hadn't seen it, my husband, who teaches American Government at the college level and gets interested in such things, would have brought it to my attention.

          However, there is not now and there never has been a law in NH requiring that you receive a rest break of any duration. A very small handful of states, which does not now and never has included NH, requires a ten minute break for every four hours worked; with one industry specific exception in Illinois, nowhere in the US are the adult employees of private employers entitled by law to a fifteen minute rest break twice a day.

          NH law requires a half hour break, which may be unpaid, for employees who work 5 consecutive hours or more. That is the only break required by either state or Federal law. (Federal law requires no breaks at all - Federal law only provides regulations for whether a break must be paid or unpaid IF breaks are offered, but does not require that they be offered.) NH law does not require a half hour break for every 5 hours worked; it requires a SOLE break IF you work five consecutive hours or more. There's a difference.

          The Constitution does not grant you unlimited freedom of speech. It grants you the freedom to express your opinion without GOVERNMENT interference. Your employer has the right to fire you for badmouthing them on the internet and there is case law backing that up. Particularly if you use the employer's equipment (and time) to do so.

          So before you give your employer any ultimatums, or perhaps I should say any more ultimatums, you might want to get your facts straight.
          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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