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New York: Lunch Break at 10am legal?

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  • New York: Lunch Break at 10am legal?

    I'm writing this post on behalf of my girlfriend. She works as an assistant teacher in a day care center. Recently her boss has stated that everyone would begin a rotation on having their lunch break at 10am. My girlfriend as well as many other workers there begin work at 9am. Her shift is 10am to 6pm. So she and some other will then work for 7 straight hours after the 10am break, and she is not given any other breaks for the rest of the day.

    Especially troublesome is they have done this to one of her co-workers who has diabetes, and by the end of the day she was shaking since she was not permitted to eat. Eating/drinking is not allowed in the classrooms and the teachers aren't allowed to leave exept for on their lunch break.

    I read a page that said people must be givin a break within the hours of 12am and 2pm, but I don't understand all the details. It mentioned something about "One Employee Shift" being an exeption to this rule, but there are 2 teachers to a classroom, and there are "Floaters" who are teachers to fill in for people on their breaks. So even when one teacher has lunch there are still always 2 teachers in a class.

    What is my girlfriend to do about this matter? If the employer is required to change but does not, what should be done then?

    There is also one other problem. The day care has a specific ratio of 7 children per each teacher, for a total of no more than 14 children in a room (There are differences depending on the classrooms age range). Sometimes however they have had up to 18 children for extended periods of time. My girlfriend brought this up with her boss by simply asking "Is this allowed?" and was brought aside and told that she "Have(has) no right to question me(the boss)", because she doesnt have as much experiance.

    Sorry about the long post, but what can be done about these matters? If the employer is wrong who can be contacted about this? There are more things going on there, but this is the immediate problem. Thank you for any help given.

  • #2
    http://www.labor.state.ny.us/workerp...rds/faq.shtm#7
    She has to have her break between 11 am and 2pm

    I think the ratios are 7 to one for 3 and 4 year old, and 10 to one for 5 and older, but I do not know the ration for under 3 years old
    Last edited by mount21; 02-17-2009, 11:58 AM.

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