Lunch break when working a full day

amother

Wed, Jun 01 2011, 11:36 am

I work a full day (9-5 and certain times of the year much longer) in a school business office. I am paid a salary (not hourly). I do not have a lunch break. Yes, I do eat lunch, at my desk- and if they need me to do something then, I do it even if im eating. (I dont leave for lunch)

what are the legal lunch break requirements? Am I supposed to be allowed to leave for say a half hour? Am I supposed to have a certain amount of time that I get off midday where I get a break?

thank you

chanahlady

Wed, Jun 01 2011, 12:39 pm

Sounds like you're an exempt salaried worker. What does it say in your employee handbook (if there is one)? At any rate, there's no federal requirement for lunch breaks. States differ. What state are you in?

amother

Wed, Jun 01 2011, 12:43 pm

amother wrote:

Are you me???

I guess it's not a legal requirement; we don't either get lunch breaks, also 9-5, full-time job.

aidelmaidel

Wed, Jun 01 2011, 12:43 pm

amother wrote:

Depends on the state you are in.

The law in NYS is:

http://www.labor.ny.gov/worker.....htm#8

Quote:

Q: Must meal periods and "breaks" be provided to employees?

A: Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour between 11 A.M. and 2 P.M.
For meal period requirements, go to:

www.labor.state.ny.us/business......html Meal periods are not counted as work time, thus employers need not pay for that time.
Other "Breaks", such as for "rest periods" or "coffee breaks," are not required. If a break (of up to 20 minutes) is permitted, then it should be paid as working time.

From the link above:

Quote:

Meal Period Guidelines

Section 162 of the New York State Labor Law provides as follows:
Time allowed for meals

Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.

Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noonday meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon. An employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least thirty minutes off within that period for the meal period.

Every person employed for a period or shift starting before eleven o'clock in the morning and continuing later than seven o'clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o'clock in the evening.

Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.

The commissioner may permit a shorter time to be fixed for meal periods than hereinbefore provided. The permit therefore shall be in writing and shall be kept conspicuously posted in the main entrance of the establishment. Such permit may be revoked at any time.

In administering this statute, the Department applies the following interpretations and guidelines:

Employee Coverage. Section 162 applies to every "person" in any establishment or occupation covered by the Labor Law. Accordingly, all categories of workers are covered, including white collar management staff.

Shorter Meal Periods. The Department will permit a shorter meal period of not less than 30 minutes as a matter of course, without application by the employer, so long as there is no indication of hardship to employees. A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit.

One Employee Shift. In some instances where only one person is on duty or is the only one in a specific occupation, it is customary for the employee to eat on the job without being relieved. The Department of Labor will accept these special situations as compliance with Section 162 where the employee voluntarily consents to the arrangements. However, an uninterrupted meal period must be afforded to every employee who requests this from an employer.

Not all possible meal period questions can be anticipated and, therefore, these "Guidelines" may not cover all situations that might arise. For additional information or assistance, contact the nearest office of the Division of Labor Standards.

amother

Wed, Jun 01 2011, 12:50 pm

chanahlady wrote:

no employee handbook. but I googled exempt salaried and it def sounds like my job.
in im IL.

It said on whatever document I opened thru google that an exempt salaried worker does not lose pay of they dont work a full day (like if they have an appointment). as far as you know is that true?

TIA

aidelmaidel

Wed, Jun 01 2011, 12:52 pm

From the illinois Department of Labor website:
http://www.state.il.us/agency/.....a.htm

Quote:

What is the law regarding breaks and meal periods?

An employee who is to work 7 1/2 continuous hours or more shall be provided an unpaid meal period of at least 20 minutes. The meal period must be given to an employee no later than 5 hours after beginning work. Illinois has no law regarding breaks. For more information, click here. 820 ILCS 140/3.

Can my employer require me to work seven days in a row?

The One Day Rest in Seven Act, as its name implies, allows for at least 24 hours of rest in every calendar week. A calendar week is defined as seven consecutive 24 hour periods starting at 12:01 a.m. Sunday morning and ending at midnight the following Saturday. Under this Act, employers may ask IDOL for a relaxation of this requirement. If IDOL grants a relaxation, it requires a statement from the employer demonstrating that all employees who will be working seven days in a row are in fact volunteers. For more information, click here. 820 ILCS 140/2 and 8 and 56 Ill. Adm. 220.200 - 220.700.