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Breaks in South Carolina

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  • Breaks in South Carolina

    I have been chatting with a co-worker at my job and he seems to think that SC has a lunch or a break law, but I keep telling him that the organization that we work at is choosing to give us these, and these are not required in the state. But he does not believe me. He like me is also from California and he seems to think that federal regulations require a break after every four hours of work, and a lunch after every 6.5 hours of work,etc..

    What government website can I print out and give to him? I did a google search and was unable to find a website on breaks. I did find one on mandatory lunches, and SC was not on the list. But I think the larger argument is breaks.


    Thanks,



    John

  • #2
    I am fairly sure that no such federal rules requiring meal and other breaks exist, and that such rules if any are solely a function of state rules. I do have references for such federal rules that do exists, like the federal FLSA regulation 29 CFR 785.18, but these rules discuss the handling of meals and other breaks given and not the supposed "requirement" to do so. The Payroll Source Book has the following quote:

    "Such breaks are not required under the FLSA (federal law), but may be required under state law".

    I understand that this is not the answer that you are looking for.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Originally posted by DAW View Post
      I am fairly sure that no such federal rules requiring meal and other breaks exist, and that such rules if any are solely a function of state rules. I do have references for such federal rules that do exists, like the federal FLSA regulation 29 CFR 785.18, but these rules discuss the handling of meals and other breaks given and not the supposed "requirement" to do so. The Payroll Source Book has the following quote:

      "Such breaks are not required under the FLSA (federal law), but may be required under state law".

      I understand that this is not the answer that you are looking for.
      Unless he sees it under a government website he wont believe it.

      But I was told by someone here that in SC breaks are not required.

      Comment


      • #4
        http://www.dol.gov/dol/topic/workhours/breaks.htm

        http://www.dol.gov/elaws/esa/flsa/screen6.asp

        http://www.dol.gov/esa/programs/whd/state/rest.htm

        http://www.dol.gov/esa/programs/whd/state/meal.htm

        The first two links show categorically that Federal law does not require breaks of any kind, although they do provide rules that an employer must follow if they choose to provide breaks (or if state law so requires).

        The second two links show which states DO require breaks. SC does not show on either.
        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


        • #5
          http://www.llr.state.sc.us/Labor/wag...p?file=faq.htm

          From the SC state website, stating categorically that breaks are not required by state law.

          That enough proof for you and your friend?
          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


          • #6
            Originally posted by cbg View Post
            http://www.llr.state.sc.us/Labor/wag...p?file=faq.htm

            From the SC state website, stating categorically that breaks are not required by state law.

            That enough proof for you and your friend?
            I never mentioned me in the equation as you told me this before. But this website shoud be enough to convince him.

            Comment


            • #7
              I am printing out one of the pages. Thanks again man!!

              Originally posted by cbg View Post
              http://www.dol.gov/dol/topic/workhours/breaks.htm

              http://www.dol.gov/elaws/esa/flsa/screen6.asp

              http://www.dol.gov/esa/programs/whd/state/rest.htm

              http://www.dol.gov/esa/programs/whd/state/meal.htm

              The first two links show categorically that Federal law does not require breaks of any kind, although they do provide rules that an employer must follow if they choose to provide breaks (or if state law so requires).

              The second two links show which states DO require breaks. SC does not show on either.

              Comment

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