Is this paper legal?

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Is this paper legal?

employer has employee to sign a paper to wave their right to have a lunch break or a rest break. This paper has not been notarized. Teenessee state law says they are entitled to a 30 min non paid lunch break if they work more than 6 hours a day.

Asked on June 2, 2009 under Employment Labor Law, Tennessee

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't sound legal to me;  in most states, an employer can't force workers to give up their rights under the labor laws.  In this case, though, there's a "but."  I'm not a Tennessee lawyer, but my research suggests that the law requiring a lunch break includes an exception, for "workplace environments that by their nature of business provide ample opportunity to rest or take an appropriate break."  To see how this might apply to your workplace, and what you can do about your employer's attempt to get you to give up your break, you need to talk to a local attorney who knows this area of the law.  One place to look for counsel is our website, http://attorneypages.com


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