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

Announcement

Collapse
No announcement yet.

Breaks

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Breaks

    Does an employer in Virginia have to give a break after working a certain amount of hours?

  • #2
    Based on what the US DOL has on its web site

    http://www.dol.gov/esa/programs/whd/...t.htm#Virginia

    No, no breaks required by law.

    Good employers allow breaks, based upon the work performed and the number of hours worked, but, in your state, that is something determined by the employer and not mandated by law.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

    Comment


    • #3
      So if an employer in Virginia wants you to work 8 straight hours or more they don't have to legally give a break?

      Comment


      • #4
        Correct. Four hours, eight, twelve, sixteen, twenty-four hours of work and no breaks are legally required by Virginia or by Federal law.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          Originally posted by eag View Post
          So if an employer in Virginia wants you to work 8 straight hours or more they don't have to legally give a break?
          typically state laws will require that every 4 hours there is a required break. with break it helps stimulate the brain and relax it to prepare for the next shift ahead.

          Comment


          • #6
            Actually, no, typically states do not have any such requirement.

            Only about 8 states require rest breaks of any kind.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by cbg View Post
              Actually, no, typically states do not have any such requirement.

              Only about 8 states require rest breaks of any kind.
              i do know texas is one of them due to the fact that i work in texas and if i work an 8 hour shift in the middle i HAVE to take a break.

              Comment


              • #8
                Originally posted by iheartdebate View Post
                i do know texas is one of them due to the fact that i work in texas and if i work an 8 hour shift in the middle i HAVE to take a break.
                Texas law does not require breaks.

                Employers in Texas may require it.

                See http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf. The info about breaks is about half way down the page, as I recall.
                Last edited by ScottB; 06-03-2007, 09:45 AM.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                Comment


                • #9
                  You are confusing your company's policy with law.

                  The following states, and ONLY the following states, require rest breaks for the adult employees of private employers:

                  California (ten minutes for each four hours worked or major fraction thereof - not required if total shift is less than 3.5 hours)

                  Colorado (ten minutes for each four hours worked or major fraction thereof - when possible in the middle of the work period)

                  Illinois (for certain hotel workers ONLY, two fifteen minute breaks in an 8 hour shift - no rest breaks required for other employees)

                  Kentucky (ten minutes for each four hours worked)

                  Minnesota (adequate time in each four hours to use the restroom - no specific time required)

                  Nevada (ten minutes, preferably in the middle of the work period, for every four hours worked - not required if total shift is less than 3.5 hours)

                  Oregon (ten minutes for every four hours worked, preferably in the middle of the work period - cannot be added to meal break or taken at beginning or end of shift)

                  Washington (ten minutes for every four hours worked, scheduled as nearly as possible to the beginning of the work period - employee cannot exceed 3 hours work without a break)

                  That's it. As far as rest breaks are concerned, that's the ball game.

                  There are considerably more states (though still not by any means all of them) that allow a meal break, but even so, Texas is not one of them. Your employer may - the law does not.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    I see from one of your other posts, iheartdebate, that you are a minor.

                    Laws in many states are different for minors than for adults.

                    You are not only misinformed as to how the law works, you do not seem to understand the concept of juvenile law.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment

                    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.
                    Working...
                    X