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#1
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I need some advise on how to handle a particular problem. I work in a convenience store in Virginia. We are not authorized any type of breaks during our shift...typically 8 hours, sometimes more. I realize that neither state or federal law require that breaks be given. The problem is, the persons working the day shift (7 AM - 3 PM) are relieved by the manager or assistant manager for meal, or even cigarette, breaks. Incidentally, some of the employees receiving breaks are relatives of the manager, which in itself is a violation of company policy, although the company has closed their eyes to this. I work the 3 PM to 11 PM shift, and am the only employee present, so breaks would be impossible under this structure. (During 2nd and 3rd shift only one person is present). This is obviously a discriminatory situation, but are there any illegalities here, or am I going to have to try and resolve this within the company?
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#2
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You are going to have to resolve it within the company. As long as who gets breaks and who does not is not determined on the basis of race, religion, national origin or other protected characteristic, it is not illegally discriminatory.
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