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Breaks and Lunch Hour

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  • Breaks and Lunch Hour

    My sister works for (deleted) in Bay St. Louis, MS. She is having a
    hard time getting ANYONE to relieve her even to go to the restroom.
    Also,getting a replacement for a 30 min. lunch break is a hassle. Payroll
    deducts 30 min. from her paycheck even if she does NOT get a lunch break.
    I have searched the web and can't find any labor laws for the state of Mississippi. Can you direct me to the right place? Thanks so much.
    Last edited by cbg; 09-15-2008, 03:28 PM.

  • #2
    If she does not get at least a 20 minute break, she must be paid for that lunch time. The employer is wrong (federal law, which, in this case, pre-empts whatever MS has).
    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.


    • #3
      Just to clarify, neither Federal nor Mississippi law requires that she receive any breaks at all. Federal law says that IF breaks are offered, a break of under 20 minutes must be paid. Neither Federal law nor the law of any state allows the employer to deduct time for a break that was not taken; however, if they want her to take a break and she does not (even if it's because she cannot find anyone to relieve her) she can be disciplined up to and including termination.

      In most cases I'd advise her to go to the state DOL about the breaks she did not take and was not paid for, but since MS labor laws are so weak I'm going to suggest that she look into small claims court instead.
      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.


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