breaks Iowa

[tater.salad1961]

I am wondering if there are any state or federal laws for Iowa that say your employer has to give you a lunch break or a 15 minutes break. I say there isnt but someone else at work says there is a federal laws that says they have to give you a lunch break. Can you please solve this argument for me and thank you.

[cbg]

"someone else" is wrong. Neither Federal nor Iowa law requires that you be given any breaks of any kind.

BTW, your other post has been deleted because it has nothing to do with employment law. You are free to repost it in the family law section.

[kariann]

1 17 Sec. 2. NEW SECTION. 91F.1 REST AND LUNCH BREAKS –
1 18 ACCESS TO RESTROOMS.
1 19 An employer shall allow an employee, as those terms are
1 20 defined in section 91E.1, a paid fifteen-minute rest break
1 21 during every consecutive four-hour period of work and a paid
1 22 thirty-minute lunch break during every consecutive eight-hour
1 23 period of work. To implement this requirement, an employer
1 24 shall provide an employee, at the work site, with reasonable
1 25 access to restroom and lunchroom facilities.
1 26 Sec. 3. NEW SECTION. 91F.2 EXCEPTIONS.
1 27 The provisions of this chapter shall not apply to employees
1 28 needed to immediately respond to a work-related emergency to
1 29 prevent serious injury to a person, damage to property, or
1 30 suspension of necessary operations by the employer but only
1 31 during such time that an emergency exists.
1 32 Sec. 4. NEW SECTION. 91F.3 PENALTIES – ENFORCEMENT.
1 33 1. An employer who violates section 91F.1 is subject to a
1 34 civil penalty of up to one thousand dollars.
1 35 2. An employer, including a corporate officer of an
2 1 employer, who through repeated violations of section 91F.1,
2 2 demonstrates a pattern of abusive employment practices,
2 3 commits a serious misdemeanor.
2 4 3. An employer, who through repeated violations of section
2 5 91F.1, demonstrates a pattern of abusive employment practices,
2 6 may be ordered to pay a civil penalty of up to three thousand
2 7 dollars.
2 8 4. A civil penalty shall be recovered pursuant to the
2 9 provisions of section 91A.12.
2 10 Sec. 5. NEW SECTION. 91F.4 DUTIES AND AUTHORITY OF THE
2 11 COMMISSIONER.
2 12 1. The labor commissioner shall adopt rules to administer
2 13 and enforce this chapter and shall provide further exemptions
2 14 from the provisions of this chapter when reasonable.
2 15 2. In order to carry out the purposes of this chapter, the
2 16 labor commissioner or the commissioner's representative, upon
2 17 presenting appropriate credentials to the employer or agent of
2 18 the employer, may do any of the following:
2 19 a. Inspect employment records relating to rest breaks and
2 20 lunch breaks for employees.
2 21 b. Interview an employer or agent of the employer, or
2 22 employee, during working hours or at other reasonable times.
2 23 Sec. 6. NEW SECTION. 91F.5 COLLECTIVE BARGAINING
2 24 AGREEMENTS.
2 25 Compliance with the minimum standards required in this
2 26 chapter shall not be subject to or considered in collective
2 27 bargaining.
2 28 EXPLANATION
2 29 This bill creates a new Code chapter 91F, which provides
2 30 that employees are entitled to a paid 15-minute rest break for
2 31 every consecutive four hours of work and a paid 30-minute
2 32 lunch break for every consecutive eight hours of work. The
2 33 bill also requires the employer to provide employees
2 34 reasonable access to restrooms and lunchrooms. The bill
2 35 establishes exceptions from this requirement for certain
3 1 emergency situations. The bill provides that an employer in
3 2 violation of this chapter is subject to a $1,000 civil penalty
3 3 while repeated violations can constitute a serious misdemeanor
3 4 and subject the violator to a $3,000 civil penalty. The bill
3 5 further provides that a civil penalty for violation of the new
3 6 chapter shall be recovered pursuant to Code section 91A.12 and
3 7 that the labor commissioner shall adopt rules to implement the
3 8 requirements of the chapter and shall have access to employer
3 9 records in order to enforce the requirements of the chapter.
3 10 Finally, the bill provides that compliance with the
3 11 requirements of the chapter is not subject to collective
3 12 bargaining.

[mlane58]

Thats not correct. Under Iowa:

Iowa has no laws mandating breaks for adults. An employer does not have to pay you for a break during which you are completely relieved of your job duties. Your employer can require you to stay on the business premises during your break. Only the following breaks are required:

1. Minors younger than 16 must be given a 30-minute break if they are employed five hours or more each day.
2. All employees must be allowed toilet breaks when needed.

[Pattymd]

Kariann, can you just post the link to the law?

[ScottB]

Originally Posted by kariann

1 17 Sec. 2. NEW SECTION. 91F.1 REST AND LUNCH BREAKS –
1 18 ACCESS TO RESTROOMS.

Check the Iowa laws. There is no Section 91F.

What you posted was merely a bill that was proposed a decade ago. Apparently, it did not pass.

[Pattymd]

That's why I asked. Cr@p I spent 15 minutes looking for that stupid law.
GRRRRRRRRR

[mlane58]

Originally Posted by Pattymd

That's why I asked. Cr@p I spent 15 minutes looking for that stupid law.
GRRRRRRRRR

Settle down Tiger!

[cbg]

Do I need to start editing you too?

[mlane58]

If you are referring to me---For what?

[cbg]

Not you, Mark, Patty.

[Pattymd]

I used the "@" on purpose? Not good enough, eh?

[DAW]

Originally Posted by Pattymd

I used the "@" on purpose? Not good enough, eh?

There is probably an English-Klingon dictionary somewhere on the web you could use for such purposes.

[Pattymd]

Originally Posted by DAW

There is probably an English-Klingon dictionary somewhere on the web you could use for such purposes.

Great idea. I'll look for it.