Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > New Mexico Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 01-09-2009, 04:04 PM
BRKSDAD BRKSDAD is offline
Junior Member
 
Join Date: Jan 2009
Posts: 4
Default Lunch break

Is there a Fed. law saying you must take a lunch break within 6 hours of
clocking in?
Reply With Quote
  #2  
Old 01-09-2009, 05:39 PM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,714
Default

No. Federal law does not require breaks of any kind regardless of the length of shift.

There are some states that do require lunch breaks after varying lengths of time, but New Mexico is not one of them.
Reply With Quote
  #3  
Old 01-10-2009, 05:36 AM
BRKSDAD BRKSDAD is offline
Junior Member
 
Join Date: Jan 2009
Posts: 4
Default Mandatory lunch after 6 hours

I was fired for punching out 6 hours and 20 minuets into my shift. Was told
because I broke Federal law.
Reply With Quote
  #4  
Old 01-10-2009, 06:36 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,714
Default

If they told you there was a Federal law that you must take a lunch break within 6 hours of the start of your shift, they were wrong.

However, if they want you to take a lunch within 6 hours of the start of your shift and you don't take it till 6 hours and 20 minutes in, and as a result they fire you, that is legal. (Petty, but legal.) There does not have to be a Federal law, or even a state law, broken before you can be fired.
Reply With Quote
  #5  
Old 01-10-2009, 07:58 AM
BRKSDAD BRKSDAD is offline
Junior Member
 
Join Date: Jan 2009
Posts: 4
Default 6 hour lunch

Management was notified 30 minuets prior that I needed a relief person
as I was guarding an open Fire Exit and could not leave it. They sent my relief late.
Reply With Quote
  #6  
Old 01-10-2009, 09:02 AM
DAW DAW is offline
Senior Member
 
Join Date: Jun 2006
Location: California
Posts: 7,179
Default

There may (or may not) be a federal law that open fire exits must be guarded. If so however I am certain that law (should the law exist) does not actually mention the word "lunch". There is no right to lunch or breaks anywhere in federal law. It is perfectly legal under federal rules to require employees to work 24 hours shifts with no lunch. What little federal regulations exist that do talk about lunch and breaks do so in the context of how employees are paid.
__________________
"Reality is that which, when you stop believing in it, doesn't go away".
Philip K. Dick (1928-1982)

If I do not answer a publicly posted question, it is because I do not know the answer. Sending me a PM does not change that. And California is the only state whose laws I am reasonably familiar with. Sending me a PM does not change that either.
Reply With Quote
  #7  
Old 01-10-2009, 09:55 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,714
Default

The bottom line is that Federal law or no Federal law, based on the informatoin you have provided this was a legal termination.
Reply With Quote
  #8  
Old 01-10-2009, 11:47 AM
BRKSDAD BRKSDAD is offline
Junior Member
 
Join Date: Jan 2009
Posts: 4
Default 6 hour lunch

Even though Management was the reason for being late to punch out. I could'nt even close and lock the door without them.
Reply With Quote
  #9  
Old 01-10-2009, 12:36 PM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,714
Default

Yes. It falls under the unfair but not illegal category.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Mandatory lunch break for employee's health and safety Florida maxdout Wage & Hour Laws - Minimum Wage Laws 1 06-04-2008 08:00 PM
California lunch break question MyJgold Labor Laws 6 04-13-2008 11:19 PM
Meal break - OHIO Glob Labor Laws 1 03-05-2006 01:35 PM
Forced lunch break? Fitzbean Massachusetts Labor Laws 16 10-13-2005 05:47 AM
Illinois - Lunch Break and 2x15 minutes Break mcauberghs Wage & Hour Laws - Minimum Wage Laws 3 09-13-2005 01:19 PM


All times are GMT -8. The time now is 04:52 PM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming