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Questions on Tn Labor laws Tennessee Tennessee

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  • Questions on Tn Labor laws Tennessee Tennessee

    Going to try to make this as short as possible. 1st question where can I find a copy of the Tn. labor laws I have looked on the Tn web site and have not found it. 2nd I work at a lunch counter in a Pharmacy I have been told that We the only 2 on the counter are not allowed to leave the building or the area of the counter on our break. Even to talk a walk. The reason being if the counter gets busy I am to leave break and come help Which means if I only set for 5 min I can get called back to work and never get a full break. Which has happen. There has been more then a few times that I have not received a break at all in a 8 hour shift. Is that legal? I thought that a break meant that I could leave my work area. 3rd Is it legal for the owner not to pay your over time but instead give you comp time ( a day off with pay) even though they know that there is no one to work for you for you to get that day off. My co worker/manager has about 30 hours of un paid time that she has still never received a day off for. What is the law about that. Thank you

  • #2
    According to this website, an employee is allowed a 30 minute lunch break, fines are stiff if this is not followed. Good luck to you!

    http://blog.laborlawcenter.com/2006/...and-break-law/

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    • #3
      Tennessee actually has a very user friendly web site.

      1.) http://www.state.tn.us/labor-wfd/lsques.html

      2.) Federal law does not require any breaks at all. The only break TN requires is a 30 minute lunch break. You can complain to the TN DOL if you are not receiving it.

      3.) If you are in the private sector it is absolutely NOT legal for you to receive comp time instead of overtime. However, TN does not enforce that particular law. You would have to report that claim to the US DOL.

      You'll find instructions on the link I provided.
      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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      • #4
        Went to that site first but I wasn't able to find a listing of labor laws. Found refrences to the posters and for child labor laws. but I couldn't find what I was looking for. May have over look it.

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        • #5
          What "labor laws" are you looking for?
          http://www.state.tn.us/labor-wfd/bediv.html
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            The Tennessee Wage Regulations Act requires: "Each employee must have a thirty (30) minute unpaid rest break or meal period if scheduled to work six
            (6) hours consecutively, except in workplace environments that by the nature of business provide for ample opportunity to rest or take an appropriate break. Such break shall not be scheduled during or before the first hour of scheduled work activity."

            Also, Tennessee has no wage laws concerning overtime or minimum wage, so as advised above, the federal DOL would govern.

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            • #7
              Did you look at the link I provided?
              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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              • #8
                It appears that the 30 minute break only applies to minors. Sorry I missread the link I provided. Sorry poster.

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                • #9
                  No, you were right. In TN, all employees, not just minors, are entitled to that 30 minute break if they work 6 consecutive hours. Where are you now getting that it's just minors?
                  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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                  • #10
                    Whew, I am very tired, and read the comment about only finding labor laws concerning this issue (by the poster) for minors, and when you provided an additional link, I assumed (very stupid of me), that I did not read fully into my link, to see if it were concerning only minors. Sorry for the confusion cbg!

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