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Old 01-16-2006, 03:00 AM   #1
TheFieroKid
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Isn't there a law?

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.
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Old 01-16-2006, 03:11 AM   #2
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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 ...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...7201--,00.html

But:
Quote:
Where an employer has a break, meal or rest period policy, the employee must be completely relieved of work duties and free to pursue his or her own interest to not be considered work time (Cherney v. West Michigan Cleaners 84-3823).
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Old 01-16-2006, 03:16 AM   #3
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Quote:
Originally Posted by chris_knows
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 ...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...7201--,00.html

But:

There are two HS kids who work there and saterdays are for them like monday is for me.
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Old 01-16-2006, 03:20 AM   #4
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Quote:
Originally Posted by TheFieroKid
There are two HS kids who work there and saterdays are for them like monday is for me.

So they'd be working there illegally, but if your supervisor has a break, then you're entitled to one too...
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Old 01-16-2006, 03:21 AM   #5
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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.
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Old 01-16-2006, 03:23 AM   #6
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I'm assuming you're in Michigan. Straight from the Department of Labor website in Michigan:
Quote:
Are employees required by law to have a meal or break period?
Agency: Labor & Economic Growth

Employees under 18 years of age may not work more than 5 continuous hours without a 30 minute uninterrupted rest period. There are no requirements for breaks, meal or rest periods for employees over 18 years of age.

Where an employer has a break, meal or rest period policy, the employee must be completely relieved of work duties and free to pursue his or her own interest to not be considered work time (Cherney v. West Michigan Cleaners 84-3823).
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Old 01-16-2006, 03:31 AM   #7
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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.
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Old 01-16-2006, 03:33 AM   #8
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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

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Old 01-16-2006, 03:34 AM   #9
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Quote:
Originally Posted by Mathew
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.



30 mins and two 15s here
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Old 01-16-2006, 03:39 AM   #10
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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
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Old 01-16-2006, 03:40 AM   #11
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Quote:
Originally Posted by TheFieroKid
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.

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...
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Old 01-16-2006, 03:41 AM   #12
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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.
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Old 01-16-2006, 03:46 AM   #13
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Quote:
Originally Posted by chris_knows
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...

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.
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Old 01-16-2006, 03:55 AM   #14
TheFieroKid
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Quote:
Originally Posted by chris_knows
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...

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.
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Old 01-16-2006, 03:56 AM   #15
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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.

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