Results 1 to 6 of 6

Thread: Lunch Break Mandatory in NM?

  1. #1
    Junior Member
    Join Date
    Jan 2006
    Posts
    3

    Default Lunch Break Mandatory in NM?

    Hello, I am enquiring if lunch breaks are mandatory in the state of New Mexico.

    Currently I work around 80 hours (not more). My employer is asking that I take a 30 minute lunch break everday so that they will not get in trouble.

    I was told that you are required to have 2 15 minute breaks or a 30 minute lunch break (which I do not want to have to take)

    I have looked up this information on a few websites
    http://www.dol.gov/esa/programs/whd/state/meal.htm
    New Mexico. A provision applicable to females and administratively extended to men does not require a meal period, but provides that when a meal period is granted (in industrial, mercantile and certain service industries), it must be at least hour, not counted as time worked.
    and the NM Department of Labor
    http://www.dol.state.nm.us/dol_qlid.html
    Q. Does an employer have to give lunch breaks, coffee breaks or rest periods?

    A. No. There is no statute that requires an employer to provide such breaks; however, deductions cannot be made from wages if less than 30 minutes is allowed for the breaks.
    and the answer seems to be that I do not have to take a 30 minute lunch break if I do not want to.

    is this correct?

  2. #2
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    37,389

    Default

    No, you are not correct. The law says that the employer is not required to offer you a lunch break. However, the employer, not you, decides what your work hours are, and if your employer says you have to take a lunch break, you have to take a lunch break.

  3. #3
    Senior Member
    Join Date
    Jul 2005
    Posts
    31,876

    Default

    No, that is an incorrect interpretation. If the law does not require breaks or meal periods, you still must take them if the employer instructs you to. All the law says is whether or not the employer MUST provide them by law. If the law does not require them, then the employer makes the choice.

  4. #4
    Junior Member
    Join Date
    Jan 2006
    Posts
    3

    Default

    The reason I was asked to was because the employer was trying to avoid getting in trouble.

    Whether or not they were going to be made mandatory for me was based on if I could find proof saying that the employer is in the clear if I do not want to take a lunch break.

    They are not enforcing it as company policy.

  5. #5
    Super Moderator
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    37,389

    Default

    In NM it is up to the employer whether you are offered any breaks or not.

    BTW, NO state requires that you be given 2 15 minute breaks per day. A VERY small handful of states require 10 minutes per day; NM is not one of them.

  6. #6
    Senior Member
    Join Date
    Jul 2005
    Posts
    31,876

    Default

    Ah, sorry, I misunderstood you. If they agree to not have you take a lunch break, and since the law does not require it of males (boy, that's an outdated concept), then they would not "get in trouble". It would be considered work time however. It might be a good idea to inquire of the state DOL by phone, though, since what they mean by "administratively extended to men" is not clear to me.

Similar Threads

  1. Forced lunch break?
    By Fitzbean in forum Massachusetts Labor Laws
    Replies: 16
    Last Post: 10-13-2005, 05:47 AM
  2. Illinois - Lunch Break and 2x15 minutes Break
    By mcauberghs in forum Wage & Hour Laws - Minimum Wage Laws
    Replies: 3
    Last Post: 09-13-2005, 01:19 PM
  3. Mandatory Lunch Break in Ohio
    By littlemissliberty72 in forum Labor Laws
    Replies: 1
    Last Post: 08-19-2005, 07:10 AM
  4. Is there a mandatory lunch break in Iowa?
    By Centaur in forum Labor Laws
    Replies: 3
    Last Post: 06-27-2005, 10:47 PM
  5. Mandatory 30 minute lunch break in TX
    By dhmarketing in forum Wage & Hour Laws - Minimum Wage Laws
    Replies: 3
    Last Post: 12-10-2004, 12:54 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •