UPDATE!!!!!!Need Advice

My friend at work is just about 5 months pregnant, we all make salary at our office and the working day is 9-6, her commute is an hour and 20 minutes each way...now no one really takes lunch there we usually just eat something while we work at our desks, my friend has been cramping and some light bleeding, she has been to the doctor 2 times and he said baby is fine but you need to shorten your day, so she got a note from the doc and asked our boss if she can start working 9-5 since she never takes her lunch anyway, well my boss said no....and she really cant quit money wise...i told her to start taking her lunch break...isnt it illegal to not be allowed to have a lunch break???? What do you think she should or can do?? thanks

UPDATE:

Ok so my boss told my friend via email that her two options are to work 9-5 with a 10k decrease in salalry, or work her reg 9-6 hours and no overtime with a 5k decrease....Now never when she was hired was it said she was req to work OT, and nothing was ever signed regarding this...Is this legal???????

Message edited 2/7/2008 8:18:54 PM.

Re: Need Advice

Yes, she should absolutely start taking her lunch break. She is entitled to take an hour break for 8 hours of work. I'm sorry your friend is going through this. Good luck to her!

Re: Need Advice

By law you are entitled to a 1/2 hour lunch break.

Do you have an HR department? If so she needs to go in and speak with them. If her need is medically necessary and she has a Dr. Note, they cannot deny it. If she still has an issue, I would consult a lawyer.

Message edited 2/7/2008 6:55:56 AM.

Re: Need Advice

I would say that if the work day can not be shortened...............and you guys are ENTITLED to lunch break, she should start taking it AND any other breaks you are all technically entitled to!!


Hopefully there is an HR dept she can consult!

Re: Need Advice

By Law, you are entitled to a 1/2 hour lunch break. That is the law...they have to allow that. However, since she has a dr note, they cannot deny her need. I would tell her to see the HR department to have this immediately fixed.

Re: Need Advice

You guys should ALL stick it to the 'man' and take your breaks. You are entitled to them by law.

You should all start going out for lunch and see if he changes his tune then. If not, you all will get a little rest.

Re: Need Advice

I think as long as she has a dr. note she can do that. she needs to go to HR and give them the note and bypass the boss.

Re: Need Advice

She is entitled under NY Labor law to 1/2 hour lunch break.

"Q: Must meal periods and "breaks" be provided to employees?

A: Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour between 11 A.M. and 2 P.M.

For meal period requirements, go to:

www.labor.state.ny.us/business_ny/employer_responsibilities/employer/meals.html

Meal periods are not counted as work time, thus employers need not pay for that time.
Other "Breaks", such as for "rest periods" or "coffee breaks," are not required. If a break (of up to 20 minutes) is permitted, then it should be paid as working time."
www.labor.state.ny.us/business_ny/employer_responsibilities/employer/meals.html


MEAL PERIOD GUIDELINES
Section 162 of the New York State Labor Law provides as follows:

Time allowed for meals
Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.

Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noonday meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon. An employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least thirty minutes off within that period for the meal period.

Every person employed for a period or shift starting before eleven o'clock in the morning and continuing later than seven o'clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o'clock in the evening.

Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.

The commissioner may permit a shorter time to be fixed for meal periods than hereinbefore provided. The permit therefore shall be in writing and shall be kept conspicuously posted in the main entrance of the establishment. Such permit may be revoked at any time.

In administering this statute, the Department applies the following interpretations and guidelines:

Employee Coverage. Section 162 applies to every "person" in any establishment or occupation covered by the Labor Law. Accordingly, all categories of workers are covered, including white collar management staff.

Shorter Meal Periods. The Department will permit a shorter meal period of not less than 30 minutes as a matter of course, without application by the employer, so long as there is no indication of hardship to employees. A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit.

One Employee Shift. In some instances where only one person is on duty or is the only one in a specific occupation, it is customary for the employee to eat on the job without being relieved. The Department of Labor will accept these special situations as compliance with Section 162 where the employee voluntarily consents to the arrangements. However, an uninterrupted meal period must be afforded to every employee who requests this from an employer.

Not all possible meal period questions can be anticipated and, therefore, these "Guidelines" may not cover all situations that might arise. For additional information or assistance, contact the nearest office of the Division of Labor Standards.

Re: Need Advice

Thanks everyone, unfortunately she is the BOSS and there is no HR here....but thanks for the advice

Re: Need Advice

That really stinks. I don't get a lunch hour either, I can take one, but it would be on my own time.

You would think with a doctor's note, the boss would be a little more sympathetic...geez!

Message edited 10/7/2009 11:19:56 AM.

Re: Need Advice

Most female professionals have known and had to deal with female bosses that are strangely more chauvenistic and difficult with women than male bosses.
There's this wierd pressure in the working world for women to refrain from ever having children...

I bet your boss is one of 'those' bosses. I would definitely look into the labor laws as they apply to medical needs.... with a lawyer if need be.

She should be legally allowed to take sick time as needed. I suspect your boss is trying to encourage her to quit, so she doesn't have to hold her post while she's out on maternity leave.


Most of all, under NO CIRCUMSTANCES should she push ahead with her job at the cost of her baby's health..... Definitely take lunches/ breaks, and document all sick-leave conversations in detail (email /writing is preferable), so she can build a case for a lawsuit.

Re: UPDATE!!!!!!Need Advice

bump for update in original post

Re: UPDATE!!!!!!Need Advice

Pregnant or not, this boss' practices do not sound legal, nor healthy - what can be that important that employees can't take breaks - and for the boss to say no to a woman with health issues (due to pregnancy or otherwise), well that's just not right - nor do I think legal. If she got fired for taking breaks she could get a nice lawsuite going... I know an attorney that handles a lot of cases like this. Even if she quit she may have a case against them and could collect UE b/c of illegal and unethical treatment. I had to quit a job once due to extreme circumstances and I won UE with this attorney's help. In fact it sounds like this boss needs a little slap. It amazes me what employers think the can get away with... being a BOSS doesn't make a person God and sweatshops aren't legal in this country. Sorry, this stuff just irks me to the bone b/c I've been in a bad situation with a woman who thought she could do whatever she wanted to people b/c she was the BOSS.

Message edited 2/7/2008 8:46:14 PM.

Re: UPDATE!!!!!!Need Advice

Legally she is entitled to a 1/2 hour of lunch. That is a federal requirment - it is highly illegal not to give her a 1/2 lunch. What an unbelievable situation. Also, if she has a medical condition - she needs a resonable accomidation.

I work in HR and know that 1/2 is a legal requirment.

Re: UPDATE!!!!!!Need Advice

don't know for sure, but I bet that isn't legal to force a pay cut just because she can't work O/T

I suggest you cross post this thread on a larger board..... NFR or families helping families, so you can hopefully get a response from a couple lawyers and HR people...

Re: UPDATE!!!!!!Need Advice

WOW...I would take that email along with the letter from her dr to a lawyers office for a consultation OR call the Dept of Labor.

Re: UPDATE!!!!!!Need Advice

tell her to GET a lawyer.

This happened to my friend, they told her she could not go P/t even though she had a note from the dr saying her PG was in danger, they fired her.

She ended up getting a lawyer and she got full disability, and then unemplyment when that ran out and an offer for her job back.

Re: UPDATE!!!!!!Need Advice

I believe she is entitled to 1/2 hour lunch for 6 hours work.

I was told you also have two 15 minutes break for 8 hours work.

Re: UPDATE!!!!!!Need Advice

How many employees do you have?

I have to say, your boss is jeopardizing her business - not only with her illegal employment practices but if ANYTHING happens because this employee was "forced" to work through her lunch, well...I'd love to be the lawyer who sues her azz.

As previously posted, the law requires a lunch break to given to employees. The law also requires a company to accomodate a disability if it is reasonable accomodation. Even if she shortens her hours, she is still entitled to a lunch break (albeit unpaid).

I think if I was her co-worker, I would contact the Department of Labor. Tell her definitely don't quit - she loses her benefits, disability, etc. She's better off getting fired. Also I'm not so sure I wouldn't have all of my co-workers taking a 1/2 hour lunch in solidarity until your boss cuts this crap out.

Re: UPDATE!!!!!!Need Advice

Legally I believe she has to clock out at least 30 mins a day for lunch. Check the department of labor..

Re: UPDATE!!!!!!Need Advice

Re: UPDATE!!!!!!Need Advice

Message edited 2/8/2008 7:43:34 AM.

Re: UPDATE!!!!!!Need Advice

So work 1 hr less and get 10k less....or
work the SAME and get 5k less. Is this boss serious?

I would say, nevermind, forget I asked. I will continue with what what I am doing, making the same, AND i'll take my lunch break which I am legally entitled to.

Get a lawyer!!!!!!!

Re: UPDATE!!!!!!Need Advice

Message edited 2/8/2008 8:25:11 AM.