Navico (Lowrance) has lost Linda Colt

[bamabassman]

Nofear.....correct me if i am wrong here, but i THINK that it is a FEDERAL law that if you work for 8 hours minimum, you are ENTITLED to recieve at least a 30 minute break. ON or OFF the clock. It could be broke into smaller breaks if the employees want. I work and have worked in several places that did this.

[nofearengineer]

Bama...most employers do give you a 30 minute or even more lunch off of the clock. However, they are under no legal obligation to do so. Like I said, all they are required to do is keep you on the clock if it's going to be less than 30 minutes.

Now, if they said when they hired you that you would get a 30 minute lunch, plus two 15 minute "on the clock" breaks for each 8 hour shift, then that is an agreement they made with you, and they have to honor it like any other contract. But it isn't a labor law, just good practice.

[bamabassman]

Ok.....not mad or nothing. Just that I was always taught otherwise. I am gonna have to look this up for real.

[Abbeysdad]

Originally Posted by nofearengineer

Bama...most employers do give you a 30 minute or even more lunch off of the clock. However, they are under no legal obligation to do so. Like I said, all they are required to do is keep you on the clock if it's going to be less than 30 minutes.

Now, if they said when they hired you that you would get a 30 minute lunch, plus two 15 minute "on the clock" breaks for each 8 hour shift, then that is an agreement they made with you, and they have to honor it like any other contract. But it isn't a labor law, just good practice.

I dunno...back in the day (70's) I remember, my company applied for a special exemption to allow for a 20 minute paid lunch period (vs. 30 minutes unpaid). Department of labor interviewed all affected employees before issuing the exemption. Perhaps NYS is 'special', but I think breaks and a defined meal period are required by most state labor laws.

[nofearengineer]

New York State is certainly "special."

They have more laws than could possibly ever be followed correctly.

However, I did a little research, and found a site with a simple, easy to follow list.

http://www.employmentlawfirms.com/wa...ak-periods.htm

I can't vouch for the veracity of their information, as it's not a government site, but it's probably accurate.

All of these "break laws" appear to be State determined.

[cassidyta]

You are right on this one NoFear.

I was wrong when I said it was a federal law. It is a law that governs Federal Employees. It also applies in several states, but each one is different in how it is applied.

Taken from the Department of Labor website

http://www.dol.gov/dol/topic/workhours/breaks.htm

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

[WTL]

Originally Posted by cassidyta

You are right on this one NoFear.

I was wrong when I said it was a federal law. It is a law that governs Federal Employees. It also applies in several states, but each one is different in how it is applied.

Taken from the Department of Labor website

http://www.dol.gov/dol/topic/workhours/breaks.htm

Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

That jives much more with my work exp. At Sears, I was made to go on lunch breaks, but I was offered a few short 15 minute paid breaks as well. I have never had a break working at a hotel, although its not the sort of job that really is that tough.