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  • Meal periods

    I have recently started a new job working 4 days--10 hrs. per day. After inquiring about my lunch break, I was told I was not entitled to a break or a lunch period. I work in Arizona. Can this be true?

  • #2
    Breaks in Arizona

    Originally posted by Darcy
    I have recently started a new job working 4 days--10 hrs. per day. After inquiring about my lunch break, I was told I was not entitled to a break or a lunch period. I work in Arizona. Can this be true?
    Unfortunately, yes it can be true.

    Individual states' laws and regulations determine whether an employee is entitled to lunch breaks and rest breaks as there are no federal laws that require such breaks.

    Currently, Arizona is one of the states that does not require paid rest periods or unpaid lunch breaks. Therefore, it is up to your employer as to whether you have a break or a lunch period.

    Good luck to you in your new job!

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    • #3
      Meal/Break Periods

      What about the laws in New York referencing the same subject?

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      • #4
        Meal/Break Periods in New York

        Originally posted by Jacquie
        What about the laws in New York referencing the same subject?
        New York statutes require a 1 hour noon-day meal period for factories; for all other establishments and occupations covered by the Labor Law, a 30 minute noon-day period for employees who work shifts of more than 6 hours that extend over the noon day meal period is required.

        The statutes also state that an additional 20 minutes between 5 p.m. and 7 p.m. be given to those employees on a shift starting before 11 a.m. and continuing after 7 p.m.

        For those employed more than a 6-hour period starting between 1 p.m. and 6 a.m., a meal period of 1 hour in factories and 45 minutes in other establishments (midway in shift) is required.

        New York does not require paid rest/break periods.

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        • #5
          What about California?

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          • #6
            State Rest Periods and Meal Periods

            For information about all state-mandated rest periods, refer to this website: http://www.dol.gov/esa/programs/whd/state/rest.htm

            For information about all state-mandated lunch periods, refer to this website:
            http://www.dol.gov/esa/programs/whd/state/meal.htm

            Let me know if you have any other questions.
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              unpaid staff meeting during lunch?

              I work in PA and my employer wants to have staff meetings at lunch time when we are off the clock. Is this legal? Also, I work for a doctor who does not schedule patients between 12 and 1pm. We all take a 30 minute lunch sometime between 12 and 1 depending on when we finish up with morning patients and how much other work we have to catch up on. My employer wants us to start deducting 60 minutes for lunch even though we are only taking 30 minutes. Is this legal?

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              • #8
                Training

                According to the US Department of Labor,

                "Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed."

                As far as your second question is concerned, your employer must pay all non-exempt employees for all hours worked.
                Lillian Connell

                Forum Moderator
                www.laborlawtalk.com

                Comment


                • #9
                  direct me

                  Can you or someone please direct me to where you got this quote from. It would be a great help!
                  Originally posted by LConnell
                  According to the US Department of Labor,

                  "Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed."

                  As far as your second question is concerned, your employer must pay all non-exempt employees for all hours worked.

                  Comment


                  • #10
                    DOL Information

                    It is at: http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
                    Lillian Connell

                    Forum Moderator
                    www.laborlawtalk.com

                    Comment


                    • #11
                      Meal periods

                      I was unable to find information about mandatory lunch breaks in Washington, DC. Are there any laws that require this in our area?

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                      • #12
                        Washington DC

                        Washington DC does not require employers to provide lunch breaks.
                        Lillian Connell

                        Forum Moderator
                        www.laborlawtalk.com

                        Comment


                        • #13
                          California: Breaks/Meal Break and Sick Hours -

                          My situation is this (and thank you Lillian, it seems that you are a wonderful resource from what I can see from this board, thank you for taking the time to help people like us!!!)... I work in California for a retail chain that is based out of Texas and I am a hourly-statused assistant manager for my store. Our company policy states that managers cannot leave the store for any reason without another manager present and also our corporate HR department does the schedules for every store in our company (we are nationwide), using a "scheduling template" that they devised, so it is really not up to the stores themselves to make their own schedules anymore.

                          Situation #1: I arrive to the store at 9am and I usually work about a 7.5 hour shift. Most of the time I do not have anyone else coming in until until around 2pm or 3pm. The closing manager that I am teamed with does not come in until 4:15pm and I am scheduled to clock out at around 4:45pm or so. That would mean that I am working from 9am to possibly 3pm (6 hours) without any other coverage in the store... because of this, I cannot take any sort of break whatsoever without closing the store which I know I am not allowed to do. Can't use the restroom (unless I can duck back there quickly with no customers in the store) or even get a drink because I must make sure that the store is supervised, even when there is no one in there. Also, I pay myself (per company policy) for my 30-minute meal break because I am forced to remain in the store and always make myself available (even during my break) if a situation arises and the associate needs my help. I guess it also doesn't help the fact that I could not take my meal break anyways until 4:15pm (when the other manager arrives, that's 7.25 hours into my shift) and I am scheduled off at 4:45pm or 5pm so it is pointless to take a 30-minute meal break at that time. Is it legal for me to be almost forced to forgo my entitled breaks (and my meal break) like this?

                          Situation #2: This happens more often that I realized but when I am the closing manager for my store (arriving at around 2pm and the morning manager leaving at around 4:30pm) and even though I have another associate with me, who started at around 4pm... we are so busy that we do not have any chance to get away from the store (again, I can't leave the store but the associate can) to take our breaks. Again, even though there is coverage (still, not another manager so *I* can't leave the store)... is it legal for them to expect us to forgo our breaks and our meal break because of this lack of staffing?

                          Anyways, this is happening with pretty much the entire company as they are using the "scheduling template" that they devised up to slash labor hours across the board. Our company has already been hit with a class-action labor lawsuit from a few California-based salaried managers for unpaid overtime and because of that our company is now forcing all California-based store managers to work 9 hour shifts starting next week, but that is a different can of worms that I don't quite understand. Here in California though I know that we have stricter Labor Laws and I don't think that our Texas-based corporate HR folks take that into effect (though they just recently hired someone to handle California-based issues).

                          Now if they are basically making me skip my breaks and meal break during my shift (without the written consent that was mentioned already) because of their scheduling practices, is there any sort of penalty that should be assessed to them? I know when I worked for a major theme park resort here in California, for every break or meal break that you skipped because of staffing or "needs of the business", you got paid an hour of straight time for every break that you missed (up to two hours)... is that just a union thing or is that something in the state's labor law itself?

                          Also, second question I would like to ask... our company rolls over your accrued personal time and vacation time for employees here in California, but should that also apply to sick hours?

                          I guess that brings up another question (this time for my salaried store manager)... while I get holiday pay, time-and-a-half for holidays worked and straight time for those holidays that the store is closed, he does not. Instead, he gets a "comp" day that he is told to use in one month or he will forfeit it... is that legal?

                          Any sort of assistance would be much appreciated. I've already e-mailed an inquiry to our HR department but I'm expecting a "I'm sorry, I don't get to make the rules. Please feel free to discuss this with your District Manager." response like another manager got when he inquired about his sick hours and how he is not given an opportunity to use them when it is necessary... so I am really not expecting much from them.
                          Last edited by Burnt Toast; 03-17-2005, 01:21 AM.

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                          • #14
                            California Breaks

                            Thanks for your compliments. They are very appreciated. Here are the answers to your questions.

                            1) You are right in that California does specify a penalty fof an extra hour of pay to be paid to non-exempt employees who are not given an opportunity for a break.

                            2) Sick is not treated the same way as vacation. Your employer can have policies such as use it or lose it policies with sick time.

                            3) Comp-time cannot be forfeited. If the employee is given flexibility on the use of comp time, such as being able use comp time for personal time off, it is considered as another name for vacation and, therefore, cannot be forfeited.
                            Lillian Connell

                            Forum Moderator
                            www.laborlawtalk.com

                            Comment


                            • #15
                              You're very welcome... and THANK YOU AGAIN, you've been very helpful. I went ahead and found the actual labor code (266.7 I think, I have it all filed away already) and printed that out and I'm going to gather up everything I can to build up a case now... this has really gone far enough.

                              1) I'm glad that's not just a Disney union thing.

                              2 and 3) Aah, I see. They try to give us as much opportunity to use our sick/vacation/personal, but most of the time they just get to the end of the year and then we lose the sick. Mainly being that if a store manager (who is salaried) takes their vacation, their usually exempt 40 hours out of our payroll doesn't get added back to whoever covers for him while he or she is out. Same thing with the comp time that they get instead of being paid for the holiday.

                              So the way that they do schedules is that they give us a set amount of hours per week and a template schedule listing (like for instance, 93 hours and template B2). The actual store manager's hours are not included in that 93, just the two assistant managers and the store associates. So we take those 93 hours and look at template B2 and adjust from the shifts that they have already laid out. Now lets say that the store manager is going to take two extra days off because he's sick and I'm going to cover for him... well, that just screws up our 93 hours because my hours count and his doesn't, we have to thin 16 hours out the rest of the week. We don't get extra hours if he takes his sick days, we have to take it as a penalty for the rest of the crew still working because he's salaried... so it doesn't really give an opportunity for the store manager to use his sick or comp hours, hence he loses them at the end of the week. His vacation/personal/comp time supposedly gives us an 8 hour credit to our payroll if he uses them, but we haven't seen that yet and I doubt that is actually the case.

                              Anyways, you've been a wonderful help. Thanks again so much for your time... these labor laws can be confusing and it's nice to know that you are using your knowledge to help others that aren't so knowledgible, like me!

                              **** Disney made me too sheltered.

                              Originally posted by LConnell
                              Thanks for your compliments. They are very appreciated. Here are the answers to your questions.

                              1) You are right in that California does specify a penalty fof an extra hour of pay to be paid to non-exempt employees who are not given an opportunity for a break.

                              2) Sick is not treated the same way as vacation. Your employer can have policies such as use it or lose it policies with sick time.

                              3) Comp-time cannot be forfeited. If the employee is given flexibility on the use of comp time, such as being able use comp time for personal time off, it is considered as another name for vacation and, therefore, cannot be forfeited.
                              Last edited by Burnt Toast; 03-17-2005, 10:33 PM.

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