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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Is this legal?
Thanks for all your responses!
Message edited 3/9/2012 9:14:10 AM.
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Posted 3/8/12 12:12 PM  |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Is this legal?
source
Q: Must an employer give meal periods and "breaks" to workers?
A: Employees who:
Work a shift of more than six hours starting before 11 AM
AND
Continue until 2 PM
MUST
Have an uninterrupted lunch period of
AT LEAST
Half an hour between 11 AM and 2 PM
For meal period requirements, go to:
http://www.labor.ny.gov/formsdocs/wp/LS443.pdfAdobe PDF FileOpens in a new window
Meal periods do not count as work time, thus employers need not pay for that time.
Employers do not have to provide other "breaks", such as for "rest periods" or "coffee breaks." But, if an employer permits a break (of up to 20 minutes), then they should pay it as work time.
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| Posted 3/8/12 12:32 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Is this legal?
So to answer your question, yes it is illegal.
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| Posted 3/8/12 12:34 PM |
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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Re: Is this legal?
Deleted.
Message edited 3/9/2012 9:14:54 AM.
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| Posted 3/8/12 12:39 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Is this legal?
Posted by jilliibabii
Posted by neener1211
So to answer your question, yes it is illegal.
Thank you!!! This is exactly what I was looking for. I tried googling but I don't think I was searching for it right. I just wonder if they can argue that they will try to provide coverage from other departments. It just seems very WRONG.
They can't just 'try', they HAVE to.
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| Posted 3/8/12 12:51 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Is this legal?
You are required by law to get a lunch break. Also you are "allowed" to call in sick if you're sick. No one can be forced to work regardless if someone else is out. Whether they pay you is determined by your staff handbook, which would definitely not state if one person calls out, the rest of the staff cannot & can't get lunch.
NYS Dept of Labor Law
Here's the link to the PDF:
http://www.labor.ny.gov/formsdocs/wp/LS443.pdf
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| Posted 3/8/12 1:14 PM |
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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Re: Is this legal?
Deleted.
Message edited 3/9/2012 9:14:28 AM.
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| Posted 3/8/12 1:55 PM |
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FirstMate
My lil cowboy
Member since 10/10 7790 total posts
Name:
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Re: Is this legal?
I feel like that is the standard right now with law firms. It's ridiculous! I'm an attorney and listen to this all day from the secretaries (as if I have ANY control on the situation), my former secretary calls and complains about it at my old firm and then I hear it when I go to other firms as well. It's really ironic how law firms violate laws all the time. You would think if your firm could afford the rent on an additional floor, they could afford the $60K or whatever it is they would pay an additional receptionist.
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| Posted 3/8/12 2:37 PM |
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MrsS1976
LIF Adolescent
Member since 5/11 534 total posts
Name:
M
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Re: Is this legal?
I am an attorney and also agree with whats been posted - this is ridiculous!! a multi million dollar law firm cant afford to have enough receptionists to allow decent coverage for all areas? What the heck!?!?! how cheap can they be?!?!!
I work as staff counsel for a large insurance company and our secretaries are sometimes treated BETTER than the attorneys!! My secretary works 8-4 pm and gets a 1 hr lunch break and sometimes she takes longer. Our receptionist is rarely at her desk (we do have a general voice mail box but the big boss discourages calls going into it) but I see her in the bathroom at least 3x a day (shes in her mid 60s and has to go often)... Our file clerk usually sits at her desk covering phone calls when she takes breaks and lunch...
I am floored at your situation - have you considered looking for another job? What that firm is doing is downright illegal - and they probably dont worry about getting sued because they figure their reputation is stellar enough to get a judge to blow off the suit...UGH!!!
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| Posted 3/8/12 3:00 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Is this legal?
Have you girls thought of all going to lunch at the same time one day? When you get back and someone has a hissy fit, just show them the State guidelines that you've printed for lunch breaks (and for their future reference). And if they would be happy to allow you each to take your lunch break like you're LEGALLY supposed to, you would be happy enough to stagger your lunch breaks from now on so that you all get the lunch you're ENTITLED to.
If all of you stick up for yourselves as a group, they'll have to accommodate you. They can't fire you, they have no basis. You're taking your lunch break. If they don't have a policy in writing about your lunch breaks and coverages, perhaps they should think about creating one.
eta: Maybe even the 'threat' of doing this will get things going-if you don't want to actually all leave at the same time.
Message edited 3/8/2012 3:11:26 PM.
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| Posted 3/8/12 3:07 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Is this legal?
Do you have a HR department? I can't understand how they'd be ok with this.
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| Posted 3/8/12 3:12 PM |
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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Re: Is this legal?
Deleted.
Message edited 3/9/2012 9:14:43 AM.
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| Posted 3/8/12 3:35 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Is this legal?
Wow what a really cr@ppy situation. I'm mad that you have to deal with this!
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| Posted 3/8/12 3:50 PM |
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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Re: Is this legal?
Deleted.
Message edited 3/9/2012 9:15:06 AM.
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| Posted 3/8/12 4:13 PM |
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DancinBarefoot
06ers Rock!!
Member since 1/07 9534 total posts
Name:
The One My Mother Gave Me ;-)
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Re: Is this legal?
You can call the local department of labor and set up a meeting which will be confidential. They will tell you what is legal, illegal, right wrong etc.
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| Posted 3/8/12 8:29 PM |
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jilliibabii
Mrs. O'Connor
Member since 6/10 12821 total posts
Name:
Jillian
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Re: Is this legal?
Posted by DancinBarefoot
You can call the local department of labor and set up a meeting which will be confidential. They will tell you what is legal, illegal, right wrong etc.
Thank you! I'll definitely look into this. I'm holding my breath for now to see what actually happens at our meeting today and what happens the first day someone is out. Thank you again! 
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| Posted 3/9/12 9:13 AM |
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