Is it legal if someone who works in a gas station and her boss doesn’t give breaks?

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Is it legal if someone who works in a gas station and her boss doesn’t give breaks?

My friend has been working at a gas station in the middle of nowhere. She gets random shifts. Most of the time short shifts, however today she is scheduled for 10 hours. Yet, not once has she been able to go out for a smoke break or a lunch. She is stuck behind the register for 8 hours so far, 2 to go.

Asked on August 14, 2019 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Many states require breaks in long work shifts; however, Pennsylvania does not. In your state, only minors (ages 14 - 17) are entitled to get a break from work; adult employers have no right to a break, and the employer does not have to give them one. Here is a link to a FAQ webpage from your state's government; look at item no. 10: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-FAQs.aspx


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