Working in Michigan without breaks?

I am working for an entertainment store in Michigan that does not provide breaks to its employees, full-time nor part-time. I work 25-39 hours per week (depending on what I'm scheduled), and I have worked (on more than one occasion) up to ten hours in one day without a single break of any sort. We don't have a break room either. Let alone, this is a job without chairs, constantly on our feet, and totally understaffed most times.

I was always sure that Michigan workers were entitled breaks. I never had to deal with this situation until this job, which I've been at for about 6 months. Also, this company didn't tell me about the lack of breaks until my first day. And when someone new recently joined, I heard my manager inform him of it on his first day. Is that illegal?

Also, I was asked during my interview with the district manager if I was married or have kids. I KNOW this is illegal, and I want to know if there's anything I can do without proof that it happened.

By the way, I am above 18 years old.

Call the labor board. if there are women working there, they must provide a place to lay down, too. By law, you must be provided a meal break, no more than 5 hours after starting, if, working an 8 hour, or more shift, plus, a 10 minute break for every 4 hours worked. But, without a witness for the interview question, your, gonna have to sell it to the board, as a "your word against his", but I think you have the advantage.
At least go to the labor boards web site, and check it out.

It's not so much the Michigan law as the Federal law. Federal law states the break minimums. States are allowed to offer longer or more but they cannot offer less. Unless you signed some kind of waiver or are of an employee class not covered under the statute, this law applies. Since you state you are a regular hourly employee and likely pay taxes and all that good junk, then Federal statute applies to you. Depending on the time keeping system at your work, the Fed will have no problem discovering that unpaid breaks during working hours did not occur unless your employer falsifies the records, which the system can also reveal. The part about the breaks is almost certainly illegal in this case but I'm not positive about the marital status or children since they could have a legitimate reason for asking (dependents, taxes, insurance).

edit - Yeah, sorry about that being the main breaks page. There's a state laws links on the page somewhere but I can't get that link to post either. I did find your DOL and that your states minimum wage is 2 dollars higher than mine. Maybe this one will post.

from Michigan's wage and hour division website:

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).

By law for every 4 hours worked you should get a 15 min. break (paid) If you work 6 or more hours you can have a 30 min. non-paid break. Most 8 hour shifts will get a 45 min lunch and a 15 min. break. These are unpaid. If you want to fight it check into it before you do. Many states have laws called "the right to work..." or something like that and they can terminate you for any reason...at anytime. Even if your hair is blond, or if you have two rings on one hand...Any reason at all and they do not have to pay unemployment.. Believe me, check into it because it happened to me after working for a company for over 6 years.