question on TN Lunch/Break Law Tennessee

[Hydraulic Banana]

Hi all.

I work for a small heating and air company in Memphis. New to this company and it is a home run business, Mother and Son business. The mom is a crabby 84 y.o that insists that we take a lunch. She says that if we don't take it that she is going to deduct it anyway. I have never had a problem with any previous employers before about not taking lunch.

In this job environment, we go from customer to customers house and have what I would call ample time during the drive times inbetween for resting up during the day. Someone had told her in the past that it was mandatory that her employees take lunch and that she is required by law to deduct for it so that she can show that it was given. She is very pertinent about this. One of my issues with this is as follows...

If I am hungry, I will eat. If I am tired, I will take the break. Working up in attics gets pretty hot and eating then going back to works only leaves me feeling sick at times and tired and sleepy the rest. I have tried to explain this to her but she still insist that we take it or have it deducted regardless.

Any help with this would be greatly appreciated. Also, Would you happen to know where I can find your answer on a legitimate website to print off to show her. I ask this because telling her without showing her I might as well be talking to the wall.

Thanks
Rog

[Pattymd]

Actually, under general circumstances, yes, the law requires it. See here:
http://www.state.tn.us/labor-wfd/lsques.html#laborlaws

And even if it didn't, the employer is within his/her rights to require the employee take one and discipline the employee for not taking it.

[Hydraulic Banana]

Thanx for the response. I copied this from the link you provided.

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.

My only problem with this is:: My job does provide for ample breaks either while driving inbetween jobs or when I come down to take a small break to cool off.

Thanx,
Rog

[Pattymd]

Irrespective of that, the employer has the right to mandate the lunch period, as I stated in my previous response. If you work through the lunch period that the employer requires you take, you could, to be blunt, be fired.

[TNinslady]

The problem that my husband is having with his employer is such: they are requiring him to take a lunch break and even clocking him out without his permission for one, when in effect they don't give him ample time in his work schedule to take one. The manager will overbook the schedule with deliveries and pickups, so he either gets to forego a break or get bawled out for taking one and not getting his job done. Any suggestions?

[cbg]

Yes. He needs to find time to take his lunch break regardless. It is required by law and it is within his employer's rights to mandate it even if it were not.

While they cannot deduct the time if he does not take the break, he can be fired for not taking the break.

[TNinslady]

Basically he gets to choose to be fired for not taking one, or fired for not getting the deliveries done on time. I understand what you are saying, but don't see how that is fair.

The other issue I see as a pretty major one. He is out driving a company truck that needs service work done on it. The GM and the DM know it needs repair and still send the employees out on it. Is there any legal recourse against the employer if there is an accident and someone (namely my husband) gets injured. Other than workman's comp. Wouldn't that be gross negligence?

[cbg]

No one ever promised you that life was going to be fair. I understand your frustration but there is no getting around the fact that the law in your state requires that he take that break.

It is extremely unlikely that he would have any legal recourse outside of workers comp should there be an accident, and if he did, it would be too situation specific to define in a hypothetical.