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Should I take a break from gradschool?

Is it legal for an employer to request employees take their 10 minute break after they clock in from lunch?

  • I have been working for a company for 3 months now. Every time the employees go on their lunch we are asked to clock in as soon as lunch is over, then take our additional 10 mins, otherwise, we will not get our afternoon break. (We do get 10 mins in the morning) So if your lunch is at 12, your break begins at 1(the moment you clock back in) I am not complaining about not having a break, my complaint is when you work 9 to 6, you want a break later on in the day. My lunch is at 1, so when I take my break directly after, then go back and work until 6 pm, I feel like my days are extra extra long. what do you think? ps. I work with children 0 to 4 yrs old.

  • Answer:

    It depends on what state you are in. Federal law, and most states, don't have rules about breaks. A few states specify where breaks must fit into the day's schedule.

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Actually, if you work a shift 9-6 your lunch has to be taken before the 5th hour after you start your shift. If you are not allowed to take your breaks before the 5th hour you are entitled a break penalty for 1 hr. (Meaning you get your lunch break and 1hrs pay). Your two 10 minute breaks should be before and after your lunch but there is no time frame. The break/meal laws recently had changes made, ask your HR office for a copy of the most recent laws. It seems to me there was something referring to the time frames of when you take breaks.

There is no Federal law that mandates breaks and very few states make provisions for breaks, the employer dictates when you take them and there is no legal reason why they can't

the emplyer can basically make you take your break, whenever he deems neccary . mormally its every 2 hours,....but you have to keep in mind, this is a right to work state,....an employer can fire/lay you off with no legitimate reason,....it's true ask your unemployment office. most wont, because they have to pay the unemployment. but.,..for the most part,...I would be gratefull that your working,...alote of good people are not, (thanks to Bush and all his rich buddies) trust me, I wouldn't make an issue out of it,...just next time at a company meeting, or pep talk,...bring up the issue and if everyone else (employeees) agree....then it'd be a group voiceing their concern,..instead of one person.

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