How do break violations work?

[octopi23]

I was debating whether to put this here or in Sucky Customers. It's here, to be on the safe side.

Under DoL law, an employee must get a 20 minute break every 5 hours. I started a shift at 245 yesterday, was given my first 30 minute break (they're 30 at "Seven Flags") at 510, I came back at 540, and was clocked out at 1040. Just to make sure that I didn't go into violation (I did this around 1030), I told my supervisor that I'd go into violation at 1040. He said that I wouldn't go into violation until 1245 in the morning (already illegal in and of itself). He says that your 5 hour clock starts ticking not after the end of your previous break (so anywhere between 540 and 1040), but 5, 10, etc. hours after the beginning of your shift (so I'd have to get a break by 745, then another by 1245, making it so I could so 5+ hours at a time without a break). So, who is right, me or my supervisor?

[bainsidhe]

Check your local labor laws. Some states have that every 4 hours requires a 15-min break. Thus an 8 hour shift needs 2 breaks, regardless of when those breaks are taken. Other states require an 8-hour shift to only have a lunch break (unpaid), which replaces the need for a paid regular break.

So what I'm saying its, check your local labor laws and that will tell you.

[Whiskey]

I think its Mass. where employers aren't required to give you a lunch, let alone a break. Find your states DOL site and find out exactly what it says.

Here, in California it goes as such:

8a-10a work
10 minute break
10:10-12 work
30 minute (unpaid) lunch
12:30-3 work
10 minute break
3-5 work
Off work

For a five hour shift, you get one ten minute break. I think at six hours they have to give you a lunch. Eight hours, you get a second break.

[octopi23]

My state's labor laws say that regulations regarding workers over 15 but under 18 are mirrored to federal laws, which is 20 minutes every 5 hours.

[Whiskey]

My state's labor laws say that regulations regarding workers over 15 but under 18 are mirrored to federal laws, which is 20 minutes every 5 hours.

Six flags gives you thirty minute breaks? It sounds like theyre either trying to combine your breaks or gave you a lunch instead of a break. According to my math, you should have gotten two breaks and a lunch. 245-1040 is (5 minutes shy) of eight hours. Technically, they mightve been able to swing 1 break and 1 lunch.

edit: err, after some googling, it looks like the (federal) law isn't really on your side.

Federal law does not require lunch or coffee breaks.

http://www.dol.gov/dol/topic/workhours/breaks.htm

aaaaaaaaand

8. Am I entitled to rest breaks or lunch breaks at work?

Answer: The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state that does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative).

http://www.osha.gov/SLTC/teenworkers/questions.html

If your state mirrors federal law, they don't legally have to give you any breaks or lunches, apparently. Mind you, this is just a light skim, but it seems as such.

[KiaKat]

But remember we're talking about a minor here. Laws are different for minors.

[Whiskey]

That last link is directed specifically for minors.

[Magpie]

I have never seen anything in my jurisdiction about when you get the breaks. The law was that if the shift was a certain length then a certain number of paid/unpaid breaks were required. However the phrasing was that it was per shift, not per time worked.

[bhskittykatt]

In Washington State, you get a 30-minute break if you work 5+ hours. There's no wording on when this is, but you have to have at least a 10-minute break after no later than three hours.

Of course, if you work my job, you fall under the "if required to remain on duty or work during meal period," you get your break whenever there's a break in the flow of customers (and according the the Law of Murphy, as soon as I sit down for dinner and take my first bite, another guest will walk through the door...and another...and another).

[Greenday]

In NJ, for every four hours you work, you get 15 minutes worth of break. So if you work 8 hours total, you have to get 30 minutes worth of break. Which is basically what your boss said. Let's say your hours are 8am-4:30pm. You can work from 8am-10am, take a break from 10am-10:30am, then finish your shift from 10:30am-4:30pm. As long as you get 15 minutes per 4 hours somewhere in the day, you are set.

[Itsjustpizza]

Here in Va (an at will state) employers are not required to give a break or lunch no matter how many hours worked, unless you are under 16 and really, who hires 15 year olds? I think this sucks out loud, but seeing as it is an at will state not only can you not complain but if you do, you can be fired! Well to be honest you can be fired for breathing wrong. I guess Im saying be glad you get a break even if they are trying to screw you.

[casey13]

In Ohio, a minor has to take a lunch (30 minutes) at 5 hours or 5:15 before going into violation. I forgot which. I don't think breaks (15 minutes) are counted for anything.