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| *Ostroff, Fair and Company>>>Other - Careers & Employment |
How long can I work before I must take an unpaid break? |
I have recently had a flexible working request turned down as I asked to work a 7hr shift with a 30 minute unpaid lunch break. It was turned down as I requested to take my lunch break after 6 hours work, and then return for a final hour of work. I was told this was not in keeping with working time legislation as my unpaid lunch break needed to be taken after 5.5 hours at the latest. Does anyone know if this is correct? yeah that's correct. i'm union and we have to take a lunch no later than 5 hours into the call. if they don't give us one they have to pay us time and a half until they send us on a break. Some places will work around that law, but not many It sounds correct - most states have legislation regulating how long you can be forced to work in a single shift. You generally can't 'opt out' of these laws. Our factory actually got in trouble for that one - our employees wanted a 1 hr lunch break instead of a half hour, and to skip their 15-minute breaks. It was illegal. That said, it doesn't really matter whether it's the law or not. If your employer says you can't do it, that means you can't do it. -->Adam If you are under the age of 17 you cannot work more than 4 hours without a break (usually, but it really varries by state). http://www.irs.gov/formspubs/article/0,,... If you are an adult you can work yourself to death and the government does not care. It depends on your state. For example, in California, if you are working a standard shift that is less than 6 hours, you do not have to take a 30 minute lunch - but you cannot work 6 hours. If you work 6 hours or more, you are required to take your lunch by the 5th hour of work. However, when you set up a flexible work schedule, those laws do not apply - the schedule you set up with your employer has to cover breaks, lunches, etc. You would need to check with your state employment board to see how the laws apply in your situation. Not sure if that's correct or not. Put it this way...I work with people that start work at 7.30am..have a 20 minute tea break and that is it if they finish at 2. If they work a 12 hour then they have 20 Min's coffee break 11am, lunch no later than 1pm (an hour paid if on site..paid if they go off site) then another 20 min break at about 4pm After 4 hours and before 5 and a half. I always thought that the employer was required to give you 2 15 min paid breaks and 1/2 hour unpaid lunch. If you want it. Some employers require you to take your lunch so they don't have to pay you. You must realize that there are other people working there and what you do affects them. |
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