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  • Lunch Breaks while working less than 8 hours.

    I currently work for the United States Postal Service in Pittsburgh, PA. I am considered a Part Time Flexable. As a general rule, I am scheduled for less than 8 hours a day and less than 40 hours a week. In the past, we were not required take a lunch, but were allowed to have two 15 minute breaks. (Usually a 6-7 hour shift.) I prefer not to take a lunch because we are required to take a 30 minute lunch off the clock, over the course of a week, this adds up to as much as 3 hours of pay. For several months we were allowed to take the two breaks and were not required to take the lunch. Management is now telling us that we HAVE to take the lunch due to a federal law. However, I am unable to locate any reference to this and therefore I am unable to agree with them or defend my position. I have a copy of the labor/management contract, both national and local, and am not able to locate anything that requires a lunch. What law, or laws cover this. Do I have to take a lunch when I do not work a full 8 hour schedule?
    Thank you in advance for any assistance you may be able to provide.

  • #2
    Lunch

    There isn't a law that says that a lunch must be provided by your employer. BUT, it is clear that employees need to follow the directives of their manager, unless that directive will cause a safety issue or is clearly illegal.

    So, in your case, your manager has said that you must take a lunch. Then, according to the concepts discussed in the first paragraph, you must take a lunch.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Thank you.

      Although this was no the answer I was looking for, I will comply.
      Thank you again for your assistance.

      Comment


      • #4
        Retail Hourly Wage & Paid Breaks Required by Law?

        Does anyone know what the outline is for retail hourly employees and paid breaks required by law?
        I have one that lists the following:

        4 hours on clock = 15 paid break when reaches 4 hour period employer says schedule only 3.75 hours shift to not pay for a break

        Scheduled 4 hours or more = 15 minute paid break at 4 hour period and second 15 minute paid break if working full 8 hour shift

        Scheduled 8 hours plus = two 15 minute paid breaks and one 30 minute paid break

        I welcome any feedback that can be supported by law.

        Comment


        • #5
          Breaks

          What state are you in? Breaks and meal periods are regulated by state law.
          Lillian Connell

          Forum Moderator
          www.laborlawtalk.com

          Comment


          • #6
            Hourly Wage Break Laws

            L. Connell

            I am in the state of Ohio

            Thank you for any information you can relay regarding this subject.

            Comment


            • #7
              Meal and Rest Periods

              Federal law and Ohio law does not require that employers provide any rest or meal period.

              However, federal law does say that if a break is given and it is less than 20 minutes in length, then the employer may not dock time for that break. You can read more about the federal rule at: http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm
              Lillian Connell

              Forum Moderator
              www.laborlawtalk.com

              Comment


              • #8
                Are there any break laws in Maryland? Can I work 12 hours without being allowed a break?

                Comment


                • #9
                  Lunch Breaks in Maryland

                  Maryland does not require breaks or meal periods for adult employees in the private section.
                  Lillian Connell

                  Forum Moderator
                  www.laborlawtalk.com

                  Comment


                  • #10
                    Lunch Breaks

                    Hi, I am a 22 yr old male. I have a question regarding labor laws. Am I required by either Federal, or State laws to take a lunch break? I am presently employed in MA. I usually only work 7 or 8 hr shifts, and do not like to take a break, I am a college student so the more work I can cram into a shorter period and get paid for, the better. I do understand what you posted before, that I must follow the directives of my employer, but she states the reason for requiring me to take an unpaid lunch is it is a law. I have been unsucessful at locating such a law. She has said that if I were to locate the law and see if perhaps, that I can waive this lunch in writing, that I was allowed the right and passed on it, than I could continue to work without a break. Please inform me. Sincerely, JB

                    Comment


                    • #11
                      MA Workers Compensation

                      A cursory look at the MA labor laws did not produce any statements regarding waiver of lunch periods. You may want to check with the state or look through the law yourself. http://www.mass.gov/legis/laws/mgl/gl-149-toc.htm
                      Lillian Connell

                      Forum Moderator
                      www.laborlawtalk.com

                      Comment


                      • #12
                        NY Breaks?

                        Is there a law (either NYS or federal) that prohibits one from leaving their employer's location during a paid break? My company is saying that I am entitled to a 15-minute break for a 4 hour shift but that I may not leave the building. I was also told that this is an insurance issue...

                        Comment


                        • #13
                          Breaks

                          Your employer can require that you remain on the premises during the break.
                          Lillian Connell

                          Forum Moderator
                          www.laborlawtalk.com

                          Comment


                          • #14
                            I recently started as an hourly employee at a major fast food chain restaurant in Kentucky. I have yet to be allowed to leave at my scheduled time, but have to wait sometimes over an hour afterward with management's permission. This results in my working 6-7 hours without a lunch break, and only one ten minute break, which I have to ask for, and is sometimes far past the four hour mark. This happens even when business is slow, and there are more than enough workers to cover the shift. Isn't my employer breaking labor laws?

                            Comment


                            • #15
                              Yes. Kentucky law requires a 10 minute break every four hours, and a reasonable (unspecified) time for a meal break between the third and fifth hour of work.

                              You can complain to the KY DOL.
                              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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