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

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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:

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.

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