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Meal Breaks in Michigan

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  • Meal Breaks in Michigan

    I work as a chef in a large corporate retirement home. I have worked there for six months. For the first 5 and a half monthsI have worked my 8 hr shift with no lunch break. Now my employer is saying that I must take a lunch break at a time to be determined by myself, which lengthens my day by a needless half hour, or be terminated. Can they force me to take this break? Even though michigan law requires no breaks. Or do i have the right to waive this meal period.

    Thank you,
    Grave

  • #2
    There are no requirements for breaks, meal or rest periods for employees over 18 years of age.

    Where an employer has a break, meal or rest period policy, the employee must be completely relieved of work duties and free to pursue his or her own interest to not be considered work time (Cherney v. West Michigan Cleaners 84-3823).

    As far as you refusing to take the meal period, if the employer instructs to take one and you do not that would be considered insubordnation and you could be terminated.
    Somedays you're the windshield and somedays you're the bug.

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    • #3
      Welcome, mlane! Very good to see you've found your way here - I can use your expertise in a few areas!
      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
        Yes, a second to the welcome to mlane!!!!!!
        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
          Thanks cbg and pattymd, I found it through a link you left on the other site.
          Somedays you're the windshield and somedays you're the bug.

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