Comments on: Lunch Labor Laws – Federal and State

By: rich

rich — Tue, 13 Oct 2009 15:03:59 +0000

my employer is shifting us for 12 hr shifts paid 10 straight and two overtime where we are able to leave after 12 hrs to 12 hr shifts at straight time up to 40 hrs and then requiring us to stay 12 1/2 hours in order to get 12 hrs pay by saying we have a 1/2 hr unpaid lunch if you are hourly nonexempt and not protected by a labor contract is there such a thing as past practice ? and is requiring 12 1/2 hours work to be paid 12 hrs legal ?

By: sean

sean — Sat, 03 Oct 2009 06:33:12 +0000

i work for wal-mart in new york and was wondering if im on for an 8 hour shift and only want to take a half hour lunch instead of an hour and leave a half hour early , say my shift is 12-9 and i work till 8:30 with a half hour lunch, can i be written up for this?

By: Matthias

Matthias — Wed, 26 Aug 2009 22:20:27 +0000

I’m in California and I work an 8-hour shift, typically. In the interests of not disrupting my work flow, I have typically preferred to take my lunches late, usually during the last 2 hours of my shift, give or take. I have been reprimanded for taking these late lunch and been cited that it’s “federal law” to take a lunch within the first four to five hours of an 8-hour shift.

According to your site and some research on my own, there are no such federal laws at all regarding lunches. I’ve noted that California has lunch laws and requires a lunch period for a period over 5 hours worked, but can’t find anywhere that stipulates just when such a break MUST be taken.

Is there any regulation this specific or is this just my supervisor/company deciding that THIS is how it’s supposed to be? Quite honestly, I’d have no problem if it were the case, but it rankles to have someone throw something as heavy as federal law around just to make someone -ahem- behave.

Thanks!

By: Stephanie

Stephanie — Wed, 19 Aug 2009 23:57:04 +0000

I’m in Ny and I’m not a salaried employee. My job title is 3rd key/lead clerk which is under assistant manager. Since I’m part of management, If a cashier and myself are the only ones at work and I have to take my lunch break, I still have to supervise the cashier when she has a return or void by turning a key in the register, answer the phone, and verify invoices when a vendor comes in. Is this legal since I’m the only manager on duty or should there have to be another manager there while I take my lunch?

By: rick flores

rick flores — Fri, 14 Aug 2009 17:35:27 +0000

how long would my friends lunch break be if he worked 11 1/2 hour shifts in the state of texas, he works off of commission? please e-mail me when you have a chance

By: Vicki Vanterpool

Vicki Vanterpool — Fri, 31 Jul 2009 19:54:21 +0000

Sorry, but even after reading the comments and browsing the site, I have a question. If my company policy provides for a one hour unpaid lunch, but my department is willing to provide lunch at no cost but ties it to a half hour lunch instead, is that permissible?

By: Natasha

Natasha — Tue, 07 Jul 2009 15:06:59 +0000

I’m i pennsylvania, is it legal for my boss to make us work through lunch (calling it a working lunch) and then require that we stay for the full 7.5 hours of our day? I am a salaried employee.

By: david hyde

david hyde — Wed, 01 Jul 2009 02:13:18 +0000

i have a question i work in vermont and i work at a bottle redempition place. my bosses son works there to and he gets to leave work for a half hour for lunch and gets paid for it and when i bring it up to my boss because i dont get a half hour lunch i get just 20 min. but the thing is we dont get that. he says its in the hand book. we dont have a hand book. he tells me he gets to because he is part owner and his son. well if he is part owner then why does he get a pay check. owners get a percentage of the company not a pay check. i dont care if i dont get paid for 30 min of lunch. i just want to have 30 mins just like his son get to. i work 8 hours to 11 hours a day so i would like to have 30 min. please respond back.

By: Heidi

Heidi — Tue, 30 Jun 2009 00:12:00 +0000

Greetings,

I am currently a contracted employee in the state of NY. I have recently been harrassed numerous times regarding 1. me smoking, and 2. my lunch break. Initially, I was confronted about whether I have been smoking on business premises. Which I declined, and stated that I go off business property to smoke. I was then told that I was not to be smoking on my unpaid lunch break. I stated to my director that I am not compensated for my lunch break (of 1/2 hr). I am currently logging my lunch break times, and am being questioned as to where I am going during my lunch break. “Where are you going…but where are you TAKING your lunch?” Second question, “excuse me little lady, but JUST where do you think you are going, and where do you plan to take THAT lunch?” Can they question me like this? Any advice is greatly appreciated.

Thanks

By: Katie

Katie — Tue, 16 Jun 2009 01:14:31 +0000

can your employer tell you what you can and can’t do on your “unpaid” lunch hour?