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TN Break Question

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  • TN Break Question

    If someone can please answer if an employer is required in the state of TN to give an employee a break durning working hours? I had always understood that for eight hours you had two fifteen minute breaks, for say 5 hours you had one fifteen minute break. Now I am hearing that these breaks are not required If they are where can I find the law regarding that? Thank you....

  • #2
    Here.
    "Isn't my employer required to provide breaks and a meal period?
    State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only. There are no State or Federal requirements for additional breaks. The Federal Law does require breaks of less than 25 minutes in duration to be paid if the employer chooses to grant such breaks."
    http://www.state.tn.us/labor-wfd/lsques.html#laborlaws

    I would note for information purposes, however, that the last statement is incorrect. According to federal law, only breaks of less than 20 minutes need be paid, not 25.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      There is only one state that requires 2 fifteen minute breaks a day (that state is not Tennessee) and even in that state the breaks are only required in some circumstances. A very small handful of others (Tennessee is not among them) requires a ten minute break for every four hours worked.

      The only break required under Tennessee law is as Patty described.
      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

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