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| *Ostroff, Fair and Company>>>Law & Legal |
15 min breaks and lunch breaks? |
Is my employer supposed to tell me when to take my breaks and lunch? what if she doesnt? Do i just do it on my own? I work 8 hours a day and am supposed to take 30 min lunch and two 15 min breaks. I would ask your boss if there are breaks and when to take them. By the way, do not be misled by people who tell you the law requires breaks (unless you are a railroad engineer, truck driver, or airline pilot). There is no federal break law and in most states there is no break law. It is almost an urban myth. Almost every employee believes they are entitled to fifteen minutes every four hours, even though most states have no break requirement and among the few that do have the requirement none have a 15 minute requirement. Here is a list of the ONLY states with mandatory break laws: California: Employees must get a 10-minute break for every four hours worked provided that the work day is at least five hours long. Colorado: 10 minutes for every four hours worked. Kentucky: 10 minutes for every four hours worked. Maine: 30 minutes after six hours of work which may also be used as a meal period. Minnesota: "Reasonable" amount of time in a four-hour period "to use the restroom." Nevada: 10 minutes for every four hours worked. Oregon: 10 minutes for every four hours worked. Washington: 10 minutes for every four hours worked. In all other states, there is no break requirement. Most good employers give breaks, of course, but they are not legally required to do so. A ten minute break has to be a paid break under federal law. Under federal law, a break must be at least 20 minutes of uninterrupted time before it can be unpaid. Source(s): I'm a board certified labor and employment lawyer. It seems any employer should tell you, but if not, try asking what time is best. Your employer does not have to delegate what time you take breaks and lunch. The trick to avoid this is DO NOT abuse them and you both should be happy. What type of job do you have that doesn't have scheduled breaks and lunch break. ALL employers MUST give (2) two 15 min. breaks and a 30 min. lunch break in a 8.5 hr work day.(they don't have to pay you on your lunch break.) I think this somewhat depends on your job responsibilities. If you're a receptionist, then you will probably have to coordinate with someone to cover the phones while you are on breaks and at lunch. If you're an executive assistant, you might not be able to keep the same break/lunch times each day. If you work independently in a cubicle all day and your daily work doesn't involve deadlines, you might be free to break/lunch at your discretion. I would ask your boss what times she would prefer you to go on breaks and to lunch. If she says that she doesn't care, I would have times in mind and ask her if they are ok. Of course, let her know that they are not set in stone, but that you want her to know when you will be at your desk so she knows where to find you when she needs something. If she really doesn't care what times you go, for the first few days, or until you get into a pretty regular routine, you should poke your head into her office or give her a quick call to let her know that you will be away from your desk for break/lunch. I hope the info has helped! Good luck! Personal experience as a career coach, www.helptohire.net |
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