Lunch Breaks???
- Thread starter shellsy21
- Start date
HaHa - not so much me, but my co-worker! She works 6 hours! My other co worker who is the "office manager" seems to have a problem not only with her getting lunch quick but even if I go get it! Mind you my boss has no issue at all, but wants to appease the Old Grinch of an office manager!! I think that working 6 hours one should be entitled to AT LEAST a 15min paid break.
Well, over here it's a 15 min break every 2 hours worked and/or a mandatory half-hour break if you work more than 6 hours in a single shift. In an 8 hour shift that usually means break, lunch, break, so you're really working 7 hours. Whether or not you get paid seems to be up to the employer. -_-
I'm sure you could google NY labor laws.
I'm sure you could google NY labor laws.
I did, it said after 5 hours a paid 30min break! But it was long article and all wordy-so I wanted to see if anyone else knew oter wise!
Hey Shells...here is what I have:
(1)
"If an employee works more than 5 hours, the employee recieves a meal period of at least 30 minutes, unless the employee works NO MORE than 6 hours, then the meal period may be waived by mutual agreement"
(2)
Unless the employee is relieved of all duties for at least 30 minutes, the meal period is an "on duty" meal period and the employee must be paid. Notwithstanding the payment of compensation, the "on duty" meal period is permitted only when the nature of the work prevents the employee from being relieved of all duty and when the employer and employee agree in writing to an on-the-job paid meal period. The employee may revoke the agreement at any time
(3)
When an employer fails to provide a meal period or a rest period (see below), the employer is obligated to pay the employee one additional hour of pay at the employee's regular rate for each workday that the meal or rest period is not provided.
Rest Period: 10 minutes for every 4 hours (paid)--the rest period counts for pay and is time worked.
I'm in California...Please make sure that NY law does not supercede what I have just stated...
(1)
"If an employee works more than 5 hours, the employee recieves a meal period of at least 30 minutes, unless the employee works NO MORE than 6 hours, then the meal period may be waived by mutual agreement"
(2)
Unless the employee is relieved of all duties for at least 30 minutes, the meal period is an "on duty" meal period and the employee must be paid. Notwithstanding the payment of compensation, the "on duty" meal period is permitted only when the nature of the work prevents the employee from being relieved of all duty and when the employer and employee agree in writing to an on-the-job paid meal period. The employee may revoke the agreement at any time
(3)
When an employer fails to provide a meal period or a rest period (see below), the employer is obligated to pay the employee one additional hour of pay at the employee's regular rate for each workday that the meal or rest period is not provided.
Rest Period: 10 minutes for every 4 hours (paid)--the rest period counts for pay and is time worked.
I'm in California...Please make sure that NY law does not supercede what I have just stated...
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All you have to do is call the NY branch of the Labor Commission(Labor Board or EDD). Federal Laws are null and void as long as the State Laws supercede and benefits the employee.
For example: Federal Minimum Wage Law is $5.15 per hour, California minimum is $7.50...we must pay $7.50 in California even though the Feds say $5.15...
PM me if you need I'm in HR...
For example: Federal Minimum Wage Law is $5.15 per hour, California minimum is $7.50...we must pay $7.50 in California even though the Feds say $5.15...
PM me if you need I'm in HR...
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Hum...Sounds like the manager is a dick. I had the same problem when I used to work for a bakery. On 12 hour shifts I would get **** when I took a full hour lunch, even though I had every legal right to one. Here in Illinois I believe that on 4-6 hour shifts you are entitled to a 15 minute break. Not sure if it's paid or not. I'm assuming that in a place like New York it would be somewhat the same thing. She should really bring it up if it continues to be a problem.
~Nicole
~Nicole
You're welcome Shells
Meal and rest period laws are the most common Labor Laws broken by employers, but they don't really have a choice. They just need someone to point them out...afterall they don't want an audit
The crazy thing is my Boss (guy) doesn't care at all! Its the manager (female) who does!! But since my co worker has been here (only a few months) She all the sudden is picking on the 2 of us! She went off one day about us on the INTERNET, and being one time!! Mind you I've been here almost 2 years and tops I'm late 15 min! She never once said a word to me! When me and my co worker approached my boss about it-he said just let her run her mouth! Ignore her! WTF!! Women can be so caddy!!!! So now I go on my lunch and don't ask her if she wants anything! Evil -I know! I also get in 10 min early and make her look stupid when the boss sees I'm not only on time but early-and the Manager is LATE!!
Agreed. Don't give her a reason to pick on you too.
That being said, however, she has no choice in your co-worker taking a lunch if she wishes. No matter how long she's been there. (I think somewhere I read she has been there a couple of months? or is that my imagination LOL)...
That being said, however, she has no choice in your co-worker taking a lunch if she wishes. No matter how long she's been there. (I think somewhere I read she has been there a couple of months? or is that my imagination LOL)...
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The co worker who wants to take lunch is here only a few months. And she just did LOL! She was gone 10min! Big whoop right! Why ppl love to worry about others is beyond me!
LOL Focus!!