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What are the laws on breaks at an 8hour a day job?


At my job we used to be able to take 2-4 breaks a shift as long as they added up to less than 30 min and we couldn't take 30 min at one time. due to some coworker complaints our boss informed us we would be allowed one break a shift if we aren't busy. she told us that according to company policy they aren't required to give us a break is this true? does it matter if my place of employment is on a reservation or do the same laws apply?

Many employment law are local. So much depends on where you live. That's the reason why minimum wage differ from state to state and city to city.

But in general breaks are not part of employment laws (unless noted above). The fact that your job is on a reservation would mean that not even your local (city / state) law may NOT apply.

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When you get to "professional" office job (like office jobs in NYC where I used to work), we have to wave our rights to overtime payments. But that's because we often got paid few time the minimum wage. But because of that our bosses would completely abuse us and work us to death. But that's THIS local law. We often talk about our companies as "sweat shops" openly.

its fifteen minutes for every four hours and they have to give it to you, but they can also tell you where you are going to spend it, they dont have to let you go outside or leave the premises if they dont want to, so in eight hours you would have one fifteen minute break, most places tho will give you an unpaid half or full hour for a meal...........

Federal labor law does not mandate a break. Although your state labor laws may require a break, "As a general rule, state labor and employment laws, including unemployment compensation, do not apply to employers operating solely on Indian reservations."

The Fair Labor Standards Act does not require:

==vacation, holiday, severance, or sick pay;
==meal or rest periods, holidays off, or vacations;
==premium pay for weekend or holiday work;
==pay raises or fringe benefits; or
==a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

I believe the 15 minutes is true for the law right now. At one job, we were only allowed a 10 minute break and that was it. Our lunch hour was for 30 minutes which they paid us for. However, I do not think is enough time at all with using the restroom, heating up your food, relaxing and eating food as well as catching up with your co workers. I think 45 minutes to an hour is great for a lunch break.

It doesn't matter what company policy is. They say that just to keep employees mouths shut. Every business by law has to have the labor board rules and regulations in an area where all employees can read it. It will explain all the breaks you are aloud by law in the business you are working for. If they won't post it you can get a copy yourself by calling the labor board and telling them that your company does not have the federal labor board policy posted. You will find that what policy says and what the labor board Say's, many times are much different. But your company has to go by the labor board rules and regulations.

Sincerely yours,
Fred M. Hunter

It actually depends on your state laws. Check for your state on the Dept of Labor website at: http://www.dol.gov/esa/programs/whd/stat...

30 min. of uninterrupted unpaid break/lunch and 1 10 min. paid break.
Any less than that and it's illegal...and the company could be facing fins and compensation to employees.

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