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

Announcement

Collapse
No announcement yet.

Employee breaks - What's the law in NJ New Jersey

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

  • Employee breaks - What's the law in NJ New Jersey

    Okay so I currently work p/t in a clothing store. We are down to 4 employees (including myself). My question is this. We are sometimes scheduled for entire shifts alone. When this happens there is no coverage for 15 minute breaks much less lunch breaks. I am scheduled at lest a few times a month to work 4 pm - 8 pm alone. The complex we are in has no real security guards, just a guy that the complex manager knew who rides around in his truck. Is this stuff legal. What do you think?

  • #2
    New Jersey law doesn't require employers to provide breaks. It also doesn't require shopping centers to provide security guards.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      Was not implying there is a law about security. Just happened to mention it. I find it hard to believe there are no laws about breaks. They require us to take lunch breaks (which we must clock out for & are unpaid) but how are we supposed to do that when there is no coverage. I guess my question is "If my employer requires these things but then we don't have the necessary coverage what as an employee can we do?"
      Last edited by @mywitsend; 07-26-2009, 06:14 AM. Reason: Add question

      Comment


      • #4
        That's something you'll have to take up with your employer.

        As for the break information, Marketeer is correct. Here it is straight to you from the NJ DOL:

        http://lwd.state.nj.us/labor/wagehou..._faqs.html#q39

        and the US DOL:

        http://webapps.dol.gov/dolfaq/go-dol...ours&topicid=1
        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
          You speak with your manager and let the manager make the decision. If the break is not at least 30 minutes of uninterrupted duty-free time, it's compensable. "John, I know the company policy is for us to take a meal period, but I'm alone in the store and there is no one to cover for me. what do you want me to do?"

          Actually, more than half the states don't have laws requiring rest breaks; around half have meal period requirements, but as Marketeer said, NJ is not one of them.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Thanks for the reply's. I'm at a dead end then. Talking to the manager is in no way an option. She happens to be at least 50-75 % of the reason we have issues in the store as it is. She does as she pleases and I don't have any idea how to go over her head without it coming back to me or another employee.

            Comment


            • #7
              Document what you have told/asked her and that's all you can do. Are you at least getting paid for the time when your meal break is interrupted?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Not asking as much for myself as I am my co-workers. I am currently working p/t so I mostly get 4 hour shifts. Therefore I know I personally am not entitled to an actual meal break. I do however have no choice but to break policy and eat dinner on the sales floor nights when I work. With no one to cover the sales floor I'm unable to leave for even 10-15 minutes to eat.

                Comment


                • #9
                  All I can do is repeat what I said earlier. All the employees should document all the time worked separately, not using the employer's time or equipment, and keep it at home. A paper notebook or spreadsheet would be fine. Include each incident of when the company-required meal break could not be taken duty-free because there was no one to cover.

                  Actually, now that I think about it, although NJ law doesn't require a meal period, it is one of the few states that requires the "meal period" be paid if the employee is required to stay on the premises, even if the meal period IS duty-free.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Originally posted by Pattymd View Post
                    Actually, now that I think about it, although NJ law doesn't require a meal period, it is one of the few states that requires the "meal period" be paid if the employee is required to stay on the premises, even if the meal period IS duty-free.
                    Agree. Per NJ Employment Law Handbook:

                    New Jersey employers must provide employees under the age of 18 with a 30 minute break after 5 consecutive hours of work.

                    New Jersey does not require employers to provide breaks, including lunch breaks, for workers 18 years old or older. An employer who chooses to provide a break in excess of 20 minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks 20 minutes or shorter typically must be paid.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    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