Laws regarding lunch breaks?

[The David]

I had heard for a while that there was, in fact, a law stating that you must get a lunch break after six hours of work. I work anywhere from seven to nine hours in a day (it was nine today), and most days I don't get a break. I mentioned it casually to the manager, and he said the law only applies to minors, and even then, it's only if time permits. I looked it up online and got a lot of mixed opinions.

What is your take on this? Do you usually get breaks during eight-hour shifts? (I live in Tennessee, BTW).

Edit: Oh, here's another thing that got my attention. Recently one of my friends got fired fromWal-Mart for waiting too long to take a lunch break.

[Michelle]

I don't know about laws, but I do know something about humanity which your employer seems to be lacking.

[The David]

Would it sound more humane if I said that I'm not always 'working' every moment, and that there are a lot of slow times? I work at a deli. No one else takes breaks on these days and they seem to do fine.

[richie]

Its unhuman that you have to wait for a break for 8 hours.Here's an article I found in the net which might be useful.
U.S. Department of Labor - Find It By Topic - Work Hours - Breaks and Meal Periods

[The David]

The only thing I really got from those articles seemed to agree with my employer.

[silicon toad2000]

what do you do? I rarely take lunch-breaks, but i have desk and comfortable chair.
I think the whole lunch-break debate depends greatly on what you do for a living and comes down to the whole flexibility thing.

[Nathan]

Surely there must be some law against that. In Australia I believe the law is 30 minutes minimum lunch break per 5 hours work.

[free spirit]

I think it is true about your boss. However, I am looking at it from a British stand point, however, I believe the laws are reasonably similar.

However, if your boss chooses to play exactly by the rules, who don't you? Mwah ha ha haaa!

For example, in Uk law if you use a monitor, by right, every 50 minutes you need to take a break from the screan in order to minimise the potential damage to eye sight. Im sure you would be able to find similar laws to exploit in US law until your boss chooses to play fair!

[The David]

Originally Posted by silicon toad2000

what do you do? I rarely take lunch-breaks, but i have desk and comfortable chair.
I think the whole lunch-break debate depends greatly on what you do for a living and comes down to the whole flexibility thing.

Yesterday I was slicing meat for two hours, which is very tiring. Most days I just make sandwiches.

[Lychee]

You're making lunch for people but you don't get a lunch break?

[The David]

Originally Posted by Lychee

You're making lunch for people but you don't get a lunch break?

Well, they do have to pay $8 for a measly chicken salad sandwich...

[silicon toad2000]

I used to work at KFC. I know in hospitality it can be hard to find the time. Little shops are not very regulated and there's probably people willing to take your job who won't ask about the breaks.
You'll need to look up your specific legislation for your state/country on your government website if you want a definitive answer.
Is the issue that you want your boss to give you a break or are you just seeking the truth and are not fussed about the break?

[The David]

Doing 8-9 hours at a busy restaurant that I do not like whatsoever, on the busiest days, with no break, for seven dollars an hour, is really starting to take its toll. But no one else at the job seems to make a big deal about it.

[ThoughtAddict]

Tennessee is a "right to work" state, which generally means that an employer can hire and fire for any reason or no reason at all, so long as they don't discriminate against any employee. Also, they cannot fire to punish an employee for reporting violations of the law. There is a lot of information available from LexisNexis(TM) CD

I'd suggest you read that page in its entirety, with specific attention to section h, which should provide an answer to your question specifically. Other information is available here: TN Department of Labor & Workforce Development.

Nothing in the above message is legal advice, nor should it be construed to be legal advice. I am not a lawyer. Any requests for legal advice should be directed to a Bar certified lawyer.

[silicon toad2000]

I'd suggest if you don't like it, start looking elsewhere. Might be a little easier to put up with the hard work if you have a shred of respect for the owners/bosses.

[Doku]

I'd suggest reading the link that ThoughtAddict posted... both sections h and i. It does appear to have the answer that you are looking for, and since it is at Tennessee.gov, it also appears to be an authoritative source. Before you press anything, however, I'd suggest that you seek actual legal help instead of all of the IANAL posts like you get from here. (including this post)

(and yes, for some reason, the actual link leads to state . tn . us, but the text in the link here says tennessee . gov. they do, however, point to the same place.)

[The David]

Originally Posted by Tennessee.gov

Isn't my employer required to provide breaks and a meal period?

State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only. There are no State or Federal requirements for additional breaks. The Federal Law does require breaks of less than 30 minutes in duration to be paid if the employer chooses to grant such breaks. Title 50-2-103 (h)

Looks like we've reached a verdict.

I don't think I'm going to bother talking to them about it. I think I'll just look for another job. Seriously, a lot of those people are workaholics and probably wouldn't care anyway. One guy I work with puts in 80-90 hours a week and really seems to like the job.

I guess it's a career choice and not really a good 'sumemr job'.

[The David]

Wish me luck. I'm going to talk to my boss today.

I'm not a very 'assertive' person, by the way. This will be some fun.

[{aspiring_to_clarity}]

Good luck.

[The David]

There is indeed a law that states that all employees must be given a 30 minute break if scheduled to work 6 or more consecutive hours.

Unless...the nature of the business provides 'ample opportunity' for rest.

Apparently those times when we aren't extremely busy count as rest.

Oh well. I can quit in two weeks. It almost wasn't even worth confronting him about it, but I am very glad I did.

[silicon toad2000]

good work mate, nice learning experience.
have you got something else yet?

[The David]

Kind of. I'll be going back to school in about two months, and I'll have work-study. I'm going to save up enough money to support myself for the rest of the Summer, then see if I can afford to quit a bit early. Honestly, I don't want
a job just to occupy my time, I just want to support myself. I would much rather have all of my time free. I don't have to worry about being 'bored'.

[ThoughtAddict]

I sense your boss is BSing you about the "ample opportunity" clause. That said, you're probably best just leaving. Best of luck to you finishing out this job and starting school.

[The David]

Originally Posted by ThoughtAddict

I sense your boss is BSing you about the "ample opportunity" clause. That said, you're probably best just leaving. Best of luck to you finishing out this job and starting school.

I would've thought the same thing, except that a secretary in the DOL confirmed it.