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Labor law-what is the law on breaks?


I am starting work for a new company, they tell me that I get 1/2 hr. lunch & 2- 15 min. breaks but I have to make up that hour at the end of my shift , I know most place do this with lunch, but I thought for breaks that they had to give you by law and not have to make them up! there are 50-75 people that work for this company and I would say 20-30 people are illegal immagrants.

Under FEDERAL law, your two 15-minute breaks are compensible (i.e. you must be paid for them) [first link], while your 30-minute lunch break is not [second link]. Note that this only applies if you are a non-exempt employee. The issue of whether you are "exempt" or not is a complex one, but the jist of it is that managers, high-status professionals (doctors, lawyers, etc.) are exempt, while others are not. If you are paid by the hour, then you are not exempt. If you are salaried (i.e. paid the same no matter how many hours you word), then you MIGHT be exempt depending on your duties. See the third link for more information on exemptions.

If you are a non-exempt employee, and you are being required to work an extra hour at the end of your shift without pay, then your employer is breaking federal (and possibly state) law. Contact the Wage and Hour Division of the U.S. Department of Labor, and/or your state's equivelant agency [fourth link].

The answer depends on your state. Although there are federal laws about labor standards, there are also many states with differing levels of protection for workers.

Call a lawyer in your area. If you feel you are getting ripped off, and it sounds like you might be, you can change things, and maybe even get some back pay that you are entitled to.

Hope this helps, good luck to you.

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