Can I be denied a lunch break if I work 9-10 hour shifts?

UPDATED: Jan 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be denied a lunch break if I work 9-10 hour shifts?

I work 5 am – 2 pm at a convenience store. The only “breaks” that I receive is the half a cigarette break about every 3 hours. I’ve never complained even though I’ve wanted to. Now my boss is saying that the owner no longer wants any employee to smoke during their shifts. I said to my boss, “How’s that fair? We don’t even get a break?” She replied that breaks are not required in convenience stores in MA and that the handbook states that. I’ve read the handbook front to back and it doesn’t even touch upon the subject.

Asked on January 19, 2011 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

MA law requires that all employers provide a 30-minute lunch period to all employees who work 6 hours or more (the law does not require that the meal break be paid, just that it be given). However, beyond the required meal break, there is no law that requires employers to provide employees with additional rest periods/breaks.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption