Lunch Hour

stealth8

Well-Known Member
We are being told that it is a Federal Law that we take a 1 hour lunch break everyday. I always thought that was for Federal employees only, and that each state makes their own laws pertaining to lunch hours. Can anyone enlightened me on that?? Thanks Stealth8
 

moreluck

golden ticket member
These states require meal periods: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington, and West Virginia.
To find your state’s requirements, consult the Department of Labor’s chart on meal periods.
 

moreluck

golden ticket member
Work Break and Meal State Laws

The 21 states listed below have laws that include some sort of provisions for work breaks. Of the 21 at this writing, only 19 specifically require a rest or meal break for adults, while only 7 specifically require a rest break in addition to a meal break for adults. Vermont nonspecifically requires only "reasonable opportunities to eat and use toilet facilities." Wisconsin requires meal breaks only for workers under 18 and simply recommends them for 18 and over.
State law provisions for work breaks and meals mentioned on this page might not apply to all employees in a particular state.

California
Colorado
Connecticut
Delaware
Illinois
Kentucky
Maine
Massachusetts
Minnesota
Nebraska
Nevada
New Hampshire
New York
North Dakota
Oregon
Rhode Island
Tennessee
Vermont
Washington
West Virginia
Wisconsin

If your state isn't listed, it means that there is no state law that specifically addresses work breaks or meals (at least not available on the Web). But your state might have related rules, regulations or guidelines that do. Alternately or additionally, your municipality might have a work break law or related orders, rules, regulations or guidelines. To find out, start by contacting your state's labor department.
Employers may grant more work breaks or those of longer duration than state or municipal laws require, but not fewer or of shorter duration. Employers may also "force" employees to take work breaks, particularly to avoid violating state or municipal laws that require them.
In states and municipalities where there are no laws or related rules, regulations or guidelines with work break or meal provisions, under the FLSA work break and meal periods are a matter of voluntary agreement between employers and employees or employers and unions.
If your employer is violating work break or meal provisions in state laws or the FLSA, your state's labor department might help you to right the wrong. If not, a lawyer might help.
 

jake_1996

Member
It is all per the contract. It varies based on supplementals. Some require 1 hour between third and fifth hour; some let you split it up into 3 parts throughout the day. The important thing is that it is pretty much 1 hour total everywhere (unpaid) and you are contractually required to take it (actually take it and properly record it on your time card). No one should disagree with this... Jake
 

Brown Dog

Brown since 81
We've been told in our center that that we can take as little as 20 min for a lunch break and up to 50 min. Except on an 8 hour request, when it would upset pickup commitments, then we are required to take the full 50 min. Personally, I would rather be home 30 min sooner since Quality Family Time is at premium
 
S

Steward773

Guest
Jake hit the nail on the head in the post above. Any supplement may differ in the amount of lunch you take, but all language will say that you are REQUIRED to take that amount of lunch everyday. For example, if you get 45 minutes for lunch and you only take 20 minutes of your REQUIRED 45 minutes one day the company will still take out 45 minutes because they are REQUIRED to by contractual language. Now here is where the legal part comes into play. For 25 minutes of that day you cut your REQUIRED lunch short you were not paid while you were working.....that is illegal. And that is the reason that the drivers in California won a lawsuit.
 

1989

Well-Known Member
Now, more centers are only taking out the amount of lunch you put in the diad. In Washington state, you have to take another 30 minutes if you work over 11 hours. Unless you sign sheet declining.
 

jake_1996

Member
These center manager's may eventually get fired, although it will be decided locally... Washington State has already been through the litigation, so I don't know what the rules are there... Steward773 is correct. Drivers are contractually required to take a lunch (as defined by the supplement) and if they don't it is their fault (contractually). If they can prove UPS encouraged it... another story... Jake
 
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