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  • deizelboi824
    started a topic 15 minute breaks Tennessee

    15 minute breaks Tennessee

    I know that in TN it is not required that an employer give you breaks but if they do give you 2 15 minute breaks aren't they supposed to be counted as hours worked? My employer does not pay us for our 15 minute breaks.. What can I do to get this corrected?

  • Betty3
    replied
    Tn. employees (non-exempt) must have a 30-min. unpaid rest break or meal period if scheduled to work six hrs. consecutively except in workplace environments that by their nature of business provide ample opportunity to rest or take an appropriate break. Breaks aren't to be scheduled during or before the first hr. of work activity. (Applies to private employers with 5 or more employees.)

    I assume you are a non-exempt employee? (Exempt employees get no add'l. pay over their regular weekly salary no matter how many hrs. they work & rest/meal breaks are not required.)

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  • ElleMD
    replied
    Yes they must pay you for 15 minute breaks. http://www.dol.gov/esa/fact-sheets-index.htm Scroll down to #22. I'd try to work this out with the employer first as it may be oversight or ignorance. If they are unwilling to correct the problem, then you can file a claim with the DOL.

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  • cbg
    replied
    Under Federal law, breaks under 20 minutes must be paid breaks. You are free to report the employer to the DOL for the violation.

    Do not be surprised if the employer no longer offers breaks after that.

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