Do I have to take an unpaid lunch break? New Mexico

[tacochick692003]

We were just informed that we now have to take a 30 min unpaid break. This came as a huge suprise as we were never given a break at all befor.

I work in the kitchen of a county detention center, we have to be escorted in and out of the building which can take any where from 5-40 min to get an escort. We all have just been working through our breaks since it is almost impossible for us to leave the building for even fresh air let alone a cigarette. There are also times that only one person is working and the inmate workers can not be left in the kitchen alone so there is no way they could take a break. Even if we do not clock out for these breaks the time is taken off of our pay.Is there a law that says we have to take a break in NM if we are above 18?

[Betty3]

There is no law in New Mexico that requires breaks of any kind.

However; if your employer requires you to take a 30 min. break, you have to take one. If you don't & you work through your break, you have to be paid for this time but your employer can discipline you for not taking it up to & including termination.

I'm assuming you're non-exempt employees.

[cbg]

I really don't understand why this is such a difficult concept for some people to grasp.

If your employer tells you to take an break, you take it. Period. You will not find a law anywhere in the US that gives an employee permission to disobey their employer when they are given a lawful order.

[tacochick692003]

I understand that I have to do what they say, thats not my question. I thought that if there is no way for me to take a break without being completly relieved of duties that it must be a paid break.

[cbg]

That is correct.

[DAW]

Agreed. Federal meal rules

a) Bona fide meal periods. Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating.

[tacochick692003]

My boss is telling us that it is a state and federal law that we have to take a break which I now know is untrue, but is there any way to find out if it is a company policy? I can not find anything at work that states that it is.

thank you so much for all of your answers

[DAW]

Company policies do not have to be formally published to be in effect. If your boss gives you a legal order (and this is a legal order), then you are required to follow it even if the company as a whole does not have this as a policy.

[Pattymd]

And please edit your post to remove the name of your employer. It has no bearing on the question and if your employer sees this post and chooses to fire you for what it considers questioning or bad-mouthing them in public, they could legally do so.

[tacochick692003]

I would edit it but looks like someone already did it for me....I only put the name of the company because I thought some one might know if they had a policy about breaks.