Isn't there a law?

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Ok, yes the economy in Lansing MI sucks... one of the worst in the country... so I’m not gonna rock the boat and risk losing my job over this... BUT and its a big but. Isn’t there a law requiring lunch brakes?

Let me explain. I work at what would be called a mom and pop oil change. I work 40+ hours a week and NEVER EVER get a lunch brake... what I do get is (sometimes me sometimes someone else goes and gets the food) a burger maybe some fries, and if we aren’t busy I get to sit there and enjoy it... if its busy (aka any day were open) I have to eat bites during oil changes. Usually with dirty hands... because there’s not enough time to go downstairs wash my hands, if i do that I may lose my 1.5 min to eat a few bites of a burger.

I’ve made mention that I believe there is a federal law requiring lunch brakes.
My last two jobs (Arbys 2 years and JCP 3 years) we had to have a .5 hour lunch if we worked 5 hours and one 15min brake, and if we worked 8 or more we had to have a 1 hour brake and two 15 min brakes... these were un paid and un interrupted.
When I asked my manager he said it wasn’t a law... somehow I cant believe that. Why would two completely differently ran companies have the same exact rules regarding lunch if it wasn’t required by law?

Now I know it’s kind of crazy for someone to be bitching that they get to work for 12 hours and get paid for all of them. But I think there’s something wrong with me... because i get angry and irritable when I don’t eat... and around 1 or 2 (I start at 8 and leave a 8 most days, except sunday and the days I go to school, so one day a week im out at 3 and 2 days a week I'm out at 6) I start getting really bad... usually by 3 ill have gotten to eaten part or most of my burger and cold fries (yup they’re cold by now).

So is there a law?

Frankly this isn’t the only issue I have with the place.. OCEA(sp?) would have a field day with this place... and I’ll just leave it at that.

posted by  TheFieroKid

I've worked at a couple of places, and even the worst one, where I had to work for 10-11 hours growing tomatoes we got two 10 minute breaks, and one unpaid lunch hour...And this is a place where they pay below minimum wage :ohcrap:...So look at your local laws, wouldn't they be the same for all of Michigan?

You're over 18, so I guess breaks are not required by law:

http://www.michigan.gov/cis/0,1607,7-154-27673_32352-117201--,00.html

But:

posted by  chris_knows

There are two HS kids who work there and saterdays are for them like monday is for me.

posted by  TheFieroKid

So they'd be working there illegally, but if your supervisor has a break, then you're entitled to one too...

posted by  chris_knows

In BC, Canada, it is required by law in an 8 hour shift to have one unpaid 30 minute lunch break and two paid 10 minute breaks. I've never had a job that didn't give me that.

Also anything over 8 hours in one day (unless specified by a signed contract) = 1.5x overtime. I hope you're getting that at least.....

I don't know what the laws are in the states though, sorry.

posted by  Mathew

I'm assuming you're in Michigan. Straight from the Department of Labor website in Michigan:

posted by  97Talonchik

WOW... MI really sucks... I hate this state... I cant wait for school to be over so I can leave this crap hole of a state.

posted by  TheFieroKid

Hate to say it, but Chris Knows is right - US Federal law does not require mandatory breaks. If a short break(5-20) minutes is offered, it is required to be payed, and a lunch break of 30 minutes or greater will go unpaid. Individual states may define mandatory breaks, and unfortunately, MI doesn't....



EDIT: Department of Labor link: http://www.dol.gov/dol/topic/workhours/breaks.htm

posted by  dodgerforlife

30 mins and two 15s here :)

posted by  dodgerforlife

Hmm..I'm not too sure about that one. I'm sure your boss takes a lunch break. I always though in most places it was illegal not to have a minimum of 30 minutes for lunch. I found a few links that said that your state doesn't require any breaks, which really doesn't seem fair. Here's a link to the U.S Department of Labor and it has different labor laws for each state.

http://www.dol.gov/esa/programs/whd/state/state.htm

posted by  SmileLines

Why not look for another job...as good as it may be, if it offers no breaks, I would leave, but that's just me...

BTW Laws in Ontario are 30 minute break for every 5 hours...

posted by  chris_knows

no my boss doesnt take brakes... unless you count smoke brakes... which nearly every one there gets to take... but since I dont smoke I dont get these brakes... i have to steal away to the bathroom every once and awhile to sit.

posted by  TheFieroKid

Like I said in the begging... the econ sucks here... Trust me I have apps in other places but no ones calling so im kind of stuck.

posted by  TheFieroKid

Like I said in the beginning... the econ sucks here... Trust me I have apps in other places but no ones calling so im kind of stuck.

posted by  TheFieroKid

Like I said in the begging... the econ sucks here... Trust me I have apps in other places but no ones calling so im kind of stuck.

:laughing:

posted by  chris_knows

Don’t laugh at me Chris... I’m tired and didn’t run spell check.

posted by  TheFieroKid

I was referring to your double post :laughing:...Spelling doesn't really bother me too often...

posted by  chris_knows

Oh I did double post... thats how tired I am.

posted by  TheFieroKid

Yes, your boss might take breaks, but I guarantee your boss is also a salaried employee. Basically, he can work 6 hours in a day and still get paid for 8. Welcome to the real world....ain't it a bitch. :laughing:

posted by  97Talonchik

That's why I'm living in my parents' basement until I'm 40 :laughing::joking:

posted by  chris_knows

Nope, hes paid hourly just like the rest of us.
Like I said its a mom and pop shop, the owner is never there... but its not a corp. Also any one who smokes gets to take brakes... yet the non smoker (me) has to work straight through.

posted by  TheFieroKid

Have you brought it to his attention (i.e. have you said anything to him about getting a break)?

posted by  97Talonchik

do you just work your 8 hours a day and go home? just bring your lunch with ya, snack through the day, take a break if ya want, go out and drink a pop. how do ya know they will bitch at ya if ya take a break? tell them to kiss your ass whats 5 mins. i work 8 hours a day i take 1 15 minute break and skip lunch, but i snack throughout the day just to get the hell out of there. takes a little adjusting but its not that bad once you get used to it.

posted by  adamc44

Well, if there is such a law, there shouldn't be. The employer should be able to do whatever he wants in the case of pay/breaks/etc., and if the employee doesn't like it, no one is forcing him to stay.

posted by  jedimario

I guess the only thing you can do is take up smoking (or find a way that you get a 'smoke break' then quickly eat instead).

posted by  car_crazy89

hahahha, or say you have G.I. problems, and conviently need to take a 20 minute shitter every day at some point in time....i mean...a little nasty eating in the shitter...but it would get you your break! :orglaugh:

posted by  dodgerforlife

yeah move to another state like California, but you'll have to deal with all the bs emission laws for vehicles... :cussing:

posted by  nightroad

Or buy some of those candy cigarettes and when everybody else goes to smoke, follow them. As soon as their cigarettes start to shorten, take a bite of yours and eat it. They'll never know the difference! :thumbs:

posted by  SmileLines

Wow, sucks to be in your shoes. Although I don't really get a lunch break either, but I do get to either sneak off into the "warm room" for a bite too eat, or eat behind the register if its not to busy (I work at a liquor store).

posted by  elchango36

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