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19hrs no break! Mass.

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  • 19hrs no break! Mass.

    Hey guys new to the forum but trying to figure this stuff out. I've heard that In massachusetts you are entitled to 1hr break for every 8hrs, is this true? I work for a store and the day after thanksgiving, biggest shopping day of the year was yesterday... So i was scheduled from 4am-11pm, but thats not the problem we were supposed to have a huge break in between.. but they never got around to letting me go.. Some people had 3hr breaks, 2hr breaks, one even took a 5hr break? before allowing this shouldnt they make sure that everyone has taken their break? Im just trying to find out if this is even anywhere close to legal. And just to add in there, I am not any type of manager, nor am I any type of senior. Im listed as a part-time associate.. and i had to work 19hrs straight...

    Thanks guys

  • #2
    Massachusetts law provides that employees who work at least 6 hours are entitled to a meal break of at least 30 minutes (rest breaks are not required by law). The meal period may be waived by agreement.
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    • #3
      Also, working that long, you are likely entitled to more than one meal break (possibly three). In an Advisory writted in 1994, the Attorney General explained that an employee with a lunch break at noon who is then required to work past 6, is entitled to a second break period. In addition, you might be eligible for pay during that break period depending upon whether they require you to remain at the work site, to watch the phones, or to do anything else work-related.

      Lastly, considering you work from 4am to 11pm on at least one day, you might also be entitled to overtime, depending upon the hours you work on other days and weeks as well as the method your wages are calculated (the fluctuating workweek rules). Also, if you work Sundays, then Massachusetts Blue Laws also come into play, and you may be entitled to time and a half for your regular hours, too.

      Best thing to do is keep very good track of your days and hours worked as well as all your paystubs and any policies your employer hands out. Then, if you have a dispute, come back to these pages, and we'll work you through that process, too.
      This is provided for information purposes only. This is not legal advice, and the author makes no representation as to whether any of it is accurate or correct. You should consult a lawyer who can provide advice tailored to your situation before making decisions with legal implications.


      The 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 are opinions and suggestions of members and is not a representation of the opinions of 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.