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Should I Get A Lunch Break?

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  • Should I Get A Lunch Break?

    I work in Oklahoma in an industrial setting, and not in the front office. When I work an 8 hour day I generally receive a 30 minute lunch not paid for. I get a 10 minute break every 2 hours (paid for). When I work a 12 hour day I still get a 10 minute break every 2 hours (paid for) and generally not receive a 30 minute lunch break. When I work a 12 hour day I am required to be at work four hours before my regular shift starts. If the shift before me happens to receive a 30 minute lunch break I am not paid for the first half hour I'm there because the machines are shut off for their break. During our busy months of the year it is typical to work 12 hour shifts, everyday for 3-4 weeks, with no 30 minute lunch break. Is this legal? Also, is it legal to be scheduled for my next shift only 8 hours after I finish one? I get paid overtime over 37.5 hours worked in a week. Should I get double time for any hours worked over a certain amount in a week?

  • #2
    During our busy months of the year it is typical to work 12 hour shifts, everyday for 3-4 weeks, with no 30 minute lunch break. Is this legal?

    Whether you *should* get a lunch break is a matter of opinion. I think that ALL employees should get a lunch break. But the law does not agree with me. Nothing in either Federal or Oklahoma law requires that you ever get a break of any kind. Your employer is already granting you more breaks than the law requires. Yes, your employer is 100% legal.

    Also, is it legal to be scheduled for my next shift only 8 hours after I finish one?

    Yes, it is.

    I get paid overtime over 37.5 hours worked in a week. Should I get double time for any hours worked over a certain amount in a week?

    Again, your employer is doing more than the law requires. Oklahoma has no state overtime laws at all, and Federal law only requires that you receive time and a half over 40 in a week. Nothing in the law entitles you to be paid double time, ever.
    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
      Just what are the rules

      Just what are the rules on breaks for lunch and "ciggarette for 8-10 hour shifts and often up to 14 hours. Surely they dont expect us to be super men.

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      • #4
        What part of "there is no law" don't you understand? OSHA requires the employee be given "adequate" time to use the restroom. That's it. No, there doesn't have to be a meal period. No, there doesn't have to be rest breaks, cigarette breaks or any other type of formal breaks. This is strictly up to company policy.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          During our busy months of the year it is typical to work 12 hour shifts, everyday for 3-4 weeks, with no 30 minute lunch break. Is this legal?

          Whether you *should* get a lunch break is a matter of opinion. I think that ALL employees should get a lunch break. But the law does not agree with me. Nothing in either Federal or Oklahoma law requires that you ever get a break of any kind. Your employer is already granting you more breaks than the law requires. Yes, your employer is 100% legal.

          Also, is it legal to be scheduled for my next shift only 8 hours after I finish one?

          Yes, it is.

          I get paid overtime over 37.5 hours worked in a week. Should I get double time for any hours worked over a certain amount in a week?

          Again, your employer is doing more than the law requires. Oklahoma has no state overtime laws at all, and Federal law only requires that you receive time and a half over 40 in a week. Nothing in the law entitles you to be paid double time, ever.
          Under federal law, your employer does not have to provide lunch or coffee breaks. Also, your employer does not have to pay you for lunch breaks that you are given.

          However, your state might have mandatory meal breaks. The requirements vary, but many employees are guaranteed a 30 minute meal period per shift. To qualify, your shift will generally need to be 6 hours, and maybe even 8 hours long.

          These states require meal periods: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington, and West Virginia.


          Therefore there is no "federal law" but there are states with required meal breaks. However the employer does NOT have to pay you while your on your meal break.

          Your best bet is to review your states laws on labor

          However here in Tennessee
          State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only. There are no State or Federal requirements for additional breaks. The Federal Law does require breaks of less than 30 minutes in duration to be paid if the employer chooses to grant such breaks.
          Last edited by shadow007; 05-25-2011, 01:56 PM.

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          • #6
            I would gently like to point out that this thread is four years old, and that there are many hundreds of posts regarding breaks in all states, so there really was no necessity for bringing this one back to life.
            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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