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| *Ostroff, Fair and Company>>>Law & Legal |
Can I take legal action against the company i work for, as i have not had a lunch break for three weeks!!? |
wanted to know if i can take legal action! against the company i work for! as i have not had a lunch break for three weeks, and acording to my aera manager quote" thats what comes with being a manager!!" i work for a large retail company and my shift starts at 8:30 am to 6pm, really wanted to know if i can take further action as i feel the company are wrong! From my experience working in HR, they probably sent coverage because they wanted to appease you and to finally give you some kind of break. Not because you dropped the "L" word. If your DM wants to keep you, then they should work with other locations near to continue to provide coverage when it's available so you can take your breaks. I'm assuming you are in the US. If you are and you do do not reside in a state that has requirements for lunch breaks, then you have no standing. A lunch break is not legally required under Federal law and in most states in the US. Even if you are in a state that requires breaks, you may be exempt because of your position as an assistant manager. Most management positions are classified as "exempt" under the Fair Labor Standards Act. Many people have the misconception of a required 15 minute break for every three/four hours worked. That only applies to 14 and 15 year olds who are on a work permit. If you are an adult, and especially if you are management (assistant or otherwise), then your employer can work you like an ox in planting season. Believe me, your situation is very (and unfortunately) common among retail managers all over the country. That's why I got out of retail! It's up to you - If you are the manager then it's up to you to delegate more and create the free time to have your breaks. Most retailers are penny pinching to say the least, and wouldn't care if you never got a lunch break in a lifetime. You need to lay down YOUR ground rules, and stick to them. well i dont know..but if you take legal action...kiss goodbye prospects of future promotions! i too have to go without lunch breaks when its overly busy..you are not alone - not that thats any consolation i suppose! Legal action sounds drastic. There must be an HR department/person you can speak to. That is why they are there. They will do everything to keep from being sued. Yes you can, but first I would approach your HR department or your HSE rep, the new working time directive from the EU is very strict about working hours and rest entitlement. Federal law does not require lunch or coffee breaks. Your state may have different laws. http://www.dol.gov/dol/topic/workhours/b... |
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