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Are mandated breaks supposed to be paid?

Dance CommanderDance Commander Registered User regular
edited May 2008 in Help / Advice Forum
Hi. I'm working in New York, and I am apparently required by law to take a 15-minute break every 4 hours and a half hour meal break every 6 hours. I'm wondering if the law says anything about whether or not those breaks are supposed to be paid, but I'm having a hard time finding information online.

I'm not planning on raising a stink at my workplace or anything, I'm just curious. Nobody at the workplace takes those breaks, because they're unpaid. So people will work straight through a shift, then alter their timecard to make it appear like they took those breaks and add the time onto the end so they have the correct number of total hours.

Dance Commander on

Posts

  • Filler Inc.Filler Inc. Registered User regular
    edited May 2008
    The 15 minute breaks are supposed to be paid I believe, but the 30 is supposed to be off the clock.

    Might be different depending on where you are.

    Filler Inc. on
  • MurphysParadoxMurphysParadox Registered User regular
    edited May 2008
    If it is anything like Virginia, then no. These laws are considered in the favor of the employee because you can't be forced (legally) to work for hours and hours without a break. Different companies enforce this different ways, of course. When I worked at a college, it was required and we couldn't simply work through the time and leave early... however, my current job as a software developer doesn't enforce any time off of work (we can even charge lunch if we eat it at our desks while 'working' - which allows for a nice amount of interpretation between us).

    MurphysParadox on
    Murphy's Law: Whatever can go wrong will go wrong.
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  • CrovaxanCrovaxan Registered User regular
    edited May 2008
    wll i'm in texas and wokrin my first job. i was told that i get 15 minutes ON the clock, but the 30min-hour break is off.

    Crovaxan on
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  • Filler Inc.Filler Inc. Registered User regular
    edited May 2008
    Yeah, that's how it is in California.

    It varies state by state.

    Just look up your states labor laws.

    Filler Inc. on
  • Regicid3Regicid3 Registered User regular
    edited May 2008
    The 15 minute breaks are supposed to be paid I believe, but the 30 is supposed to be off the clock.

    Might be different depending on where you are.

    That's how it is in MA too.

    Regicid3 on
  • RainfallRainfall Registered User regular
    edited May 2008
    It can depend on the employer as well, if the government doesn't mandate a paid break.

    I've had one employer who paid both breaks(15 and 30, they were awesome,) some who paid none(they sucked and I dislike them,) and a couple who paid the 15 but not the 30.

    Rainfall on
  • KivutarKivutar Registered User regular
    edited May 2008
    I've never had an employer not pay the 15 minute breaks.
    Lunches vary from 30-60 minutes and may or may not be paid, regardless of duration.
    FWIW.

    Kivutar on
  • JAEFJAEF Unstoppably Bald Registered User regular
    edited May 2008
    Q: Must meal periods and "breaks" be provided to employees?

    A: Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour between 11 A.M. and 2 P.M.
    For meal period requirements, go to:

    http://www.labor.state.ny.us/workerprotection/laborstandards/employer/meals.shtm

    Meal periods are not counted as work time, thus employers need not pay for that time.
    Other "Breaks", such as for "rest periods" or "coffee breaks," are not required. If a break (of up to 20 minutes) is permitted, then it should be paid as working time.

    JAEF on
  • The CatThe Cat Registered User, ClubPA regular
    edited May 2008
    The 15 minute breaks are supposed to be paid I believe, but the 30 is supposed to be off the clock.

    Might be different depending on where you are.

    Same here, for casual or salaried. You can often kind of tell the difference in the award wage document or agreement, because the two will be phrased differently. Something like "Workers are entitled to an uninterrupted period of x minutes for a meal break if working more than y hours" will be followed by "workers are entitled to x minutes rest break per hour". If there are minimum shift-lengths agreed upon in the award or individual contract, the long break doesn't count towards that shift length but the rest periods do.

    Its worth noting though, that most employers don't want to see you sitting in a corner for ten minutes every hour. That time is generally held to be taken in little bursts when you get the chance, or is an employer's way of defining allowable slacking time :P When smoking was more common, it was pretty much smoko for everyone.

    The Cat on
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  • bowenbowen Sup? Registered User regular
    edited May 2008
    I live in NY.

    The 15 minute breaks are on the clock, the half hour lunch is not. Your employer may make an exception to lunch and pay you for it, but most do not.

    bowen on
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  • MrMonroeMrMonroe passed out on the floor nowRegistered User regular
    edited May 2008
    It varies by state, but your employer is required by the Federal Government to post this information on one big poster somewhere at the place of employment. Usually the break room or something. You should be able to find all the relevant information (including some other stuff you might not have known) there.

    MrMonroe on
  • WeretacoWeretaco Cubicle Gangster Registered User regular
    edited May 2008
    Just for those in BC (canada)

    the 15s are paid, the 30s are unpaid, however.. if they work requires you to be able to return to work during that time they must be paid.

    As an example I was working at a restaurant where if they got busy I was supposed to leave my break to come help out so in that case they are supposed to pay for the break because I was a) not able to leave for the break and b) had to be able to return to work during it.

    Weretaco on
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