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Is there a law about break and lunch at work? *Update*

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My2Peanutz
LIF Zygote

Member since 9/14

15 total posts

Name:

Is there a law about break and lunch at work? *Update*

I've been at a company a year and we do not get break or lunch time, I can eat at my desk for lunch which is fine but I have to take calls while eating but cannot have food in my mouth lol.

I work 40 hours a week 8 hours a day. I can understand lunch not being paid but I don't even have the option to work later to take a 30 minute lunch away from my desk. We are micro-managed and watched on camera constantly. I tried to go outside once to make a doctor appointment (not even 10 minutes) and I was questioned when I came back in what I was doing outside. I told the receptionist I was stepping outside to make a phone call before I did it; It was like I committed a crime.

So I'm curious is it a law that you are mandated to get at least a break in that amount of hours?

(I have been looking for a new job for months but can't find anything that pays as well unfortunately)

Message edited 9/24/2014 1:31:46 PM.

Posted 9/16/14 11:02 AM
 
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Samira0407
Love being a Mom

Member since 6/08

4030 total posts

Name:

Is there a law about break and lunch at work?

I think you're entitled to a break throughout the day. I have to search online. That is crazy that you can't step out for a minute. Are you required to bring your own lunch then?

Posted 9/16/14 11:22 AM
 

Samira0407
Love being a Mom

Member since 6/08

4030 total posts

Name:

Re: Is there a law about break and lunch at work?

I found this on http://labor.ny.gov/workerprotection/laborstandards/faq.shtm#8.

It is NYS Law that you MUST have an uninterrupted lunch period of at least 30 minutes. What they are doing is illegal.

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.pdf
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.


http://www.labor.ny.gov/formsdocs/wp/LS443.pdf

Message edited 9/16/2014 11:25:36 AM.

Posted 9/16/14 11:24 AM
 

chilltocam
LIF Adult

Member since 11/11

9141 total posts

Name:

Re: Is there a law about break and lunch at work?

Posted by Samira0407

I found this on http://labor.ny.gov/workerprotection/laborstandards/faq.shtm#8.

It is NYS Law that you MUST have an uninterrupted lunch period of at least 30 minutes. What they are doing is illegal.

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.pdf
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.


http://www.labor.ny.gov/formsdocs/wp/LS443.pdf



All of this - the employer is required to provide a 30 minute break (but it can be unpaid). Sounds like a pretty awful work environment - good luck!

Message edited 9/16/2014 12:31:31 PM.

Posted 9/16/14 12:30 PM
 

kimmaymb20
a year of surprise

Member since 7/09

1119 total posts

Name:
Kimberly

Is there a law about break and lunch at work?

YES!! Anything over 6 hours is 30 mins at least.

Posted 9/16/14 12:58 PM
 

My2Peanutz
LIF Zygote

Member since 9/14

15 total posts

Name:

Is there a law about break and lunch at work?

Thank you! I searched online and couldn't find it. Yes it is horrible to work here. We can bring lunch or once in a while we order in. But without fail if I go to eat something the owner wants to have a meeting and my food gets cold.

Posted 9/16/14 1:31 PM
 

BAK217
LIF Infant

Member since 8/14

328 total posts

Name:

Re: Is there a law about break and lunch at work?

Five hours and 59 minutes of work equals no break.
If you work six hours or more you are entitled to get a 30 minute (unpaid) break.

http://labor.ny.gov/formsdocs/wp/LS443.pdf

Posted 9/16/14 8:06 PM
 

jessnbrian
Only God knows His plan for us

Member since 4/13

7238 total posts

Name:
Jessica

Re: Is there a law about break and lunch at work?

Posted by chilltocam

Posted by Samira0407

I found this on http://labor.ny.gov/workerprotection/laborstandards/faq.shtm#8.

It is NYS Law that you MUST have an uninterrupted lunch period of at least 30 minutes. What they are doing is illegal.

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.pdf
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.


http://www.labor.ny.gov/formsdocs/wp/LS443.pdf



All of this - the employer is required to provide a 30 minute break (but it can be unpaid). Sounds like a pretty awful work environment - good luck!



This. They are breaking numerous laws at your company.

*** and if you were to complain & inform the state, you would be covered by Federal Whistle Blower Laws if I am not mistaken.

Message edited 9/17/2014 3:24:18 PM.

Posted 9/17/14 3:23 PM
 

BaysideForever
LIF Adult

Member since 1/11

9976 total posts

Name:

Re: Is there a law about break and lunch at work?

Where do you work that you are monitored so strictly?!? (FM, obviously)

Yes, there are laws and it sounds like they are breaking them. You are entitled to a 30 minute lunch break and I think there are one or two 10 minute breaks you might be entitled to in addition.

Posted 9/18/14 12:27 PM
 

My2Peanutz
LIF Zygote

Member since 9/14

15 total posts

Name:

Is there a law about break and lunch at work? *Update*

I was able to find an awesome new job in a School District (I'm on 6 different civil service lists) so I gave my 2 week notice this morning. If anyone is desperate they are looking to replace me lol.

Posted 9/24/14 1:32 PM
 

Samira0407
Love being a Mom

Member since 6/08

4030 total posts

Name:

Is there a law about break and lunch at work? *Update*

That is awesome!!!! Congratulations!!!

Posted 9/24/14 6:02 PM
 

chilltocam
LIF Adult

Member since 11/11

9141 total posts

Name:

Re: Is there a law about break and lunch at work? *Update*

Posted by My2Peanutz

I was able to find an awesome new job in a School District (I'm on 6 different civil service lists) so I gave my 2 week notice this morning. If anyone is desperate they are looking to replace me lol.



Congrats! That's great news! Good luck at the new job!

Posted 9/26/14 9:46 AM
 
 

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