What can I do legally if my employer does not allow me to have a 30 minute break.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do legally if my employer does not allow me to have a 30 minute break.
I work 15 hours a day 7 days a week.My state law provides that, “Each employee shall have a 30 minute unpaid rest break or meal period if scheduled to work 6 hours consecutively, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. The break shall not be scheduled during or before the first hour of scheduled work activity”. The employee handbook specifically states that we are to be given a 30 minute lunch break with 2 individual 15 minute breaks. My supervisor is top-level in company.
Asked on June 3, 2012 under Employment Labor Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your state law is as you say, and you are sure that under the law you are not classified as an "exempt" employee, then you can file a complaint with your state Department of Labor. Now, you are probably afraid that you will be mistreated or fired after you do that. Well every state protects those type of complaints under what is known as "whistleblower" statutes. That means that if you are fired after you complain you could have a lawsuit against them. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.