2 15 minutes breaks? 30 minutes lunch?

Question

Can anyone help me find where the law states that for 8 hours of work you get 2 15 minute breaks and a 30 minute lunch? I live in the state of michigan and they are trying to take away our break times. Can anyone help? Will give best answer to whoever can help me.

Answer 1

Yep, welcome to the real world. Teachers only get a half hour and they don't get any breaks. By the time you get your students to the lunch room, get your mail, and figure in going to get your students in the yard, it's more like 10 minutes.

Answer 2

Your employer is required by law to post all posters of the labor laws and are required to give you breaks... tell your boss you will report him to the labor board!

Answer 3

Every empoyer has to have labor laws posted in the breakroom and or lunchroom by law.

laborlaw05-25-2005, 08:11 AM

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES WAGE AND HOUR DIVISION GENERAL RULES

(By authority conferred on the Director of the Department of Consumer and Industry Services by section 6 of 1964 PA 154, MCL 408.386)

PART 1. GENERAL PROVISIONS

R 408.701 Definitions.

Rule 1. As used in these rules:

(a) "Act" means Act No. 154 of the Public Acts of 1964, as amended, being ˜408.381 et seq. of the Michigan Compiled Laws.

(b) "Administrative Capacity" means an employee who is compensated on a salary basis at not less than $250.00 per week and whose primary duty is non manual work directly related to the administration of an educational institution.

(c) "Commission" means all earnings of an employee, in addition to the hourly rate of pay, which the employee has been led to expect on a regular basis as a result of an employment contract, agreement, or promise.

(d) "Compensatory Time" means paid time off earned at 11.2 times the regular hours worked in excess of 40 hours in a week and paid at some future time.

(e) "Executive Capacity" means an employee to whom all of the following provisions apply:

(i) Compensation is on a salary basis at not less than $250.00 per week.

(ii) The employee's primary duty is management.

(iii) The employee supervises 2 or more employees.

(f) "Fee" means a fixed amount for a service provided or job completed regardless of time required for completion.

(g) "Paid Time Off" means compensation for time off paid to the employee for vacation, personal time, or sick time.

(h) "Professional Employee" means an employee who is compensated on a salary basis at no less than $250.00 per week and whose primary duty is any of the following:

(i) Work in a field of science or learning that requires knowledge acquired by a prolonged course of specialized instruction.

(ii) Work in a recognized field of artistic endeavor that depends upon the talent of the employee.

(iii) Work in an educational institution as a teacher, tutor, instructor, or lecturer.

(i) "Salary" means payment of a fixed amount not subject to reduction because of variations in the quantity or quality of work performed.

(j) "Workweek," as applied to an employee, means a fixed and regular recurring period of 168 hours or 7 consecutive 24-hour periods. Workweek need not coincide with the week, but may begin on any day and at any hour of the day. For purposes of computing overtime pay, a single workweek may be established for 1 employee or different workweeks may be established for different employees or groups of employees.

History: 1954 ACS 48, Eff. Nov. 14, 1966; 1954 ACS 66, Eff. July 1, 1971; 1979 AC; 1979 ACS 8, Eff. Dec. 2, 1981; 2000 MR 1, Eff. Feb.1, 2000.

R 408.702 Records.

Rule 2. (1) An employer shall keep employment records for each employee showing all of the following:

(a) Name.

(b) Home address.

(c) Date of birth.

(d) Occupation in which employed.

(e) Total daily hours worked, showing the starting and ending times each day, computed to the nearest tenth of an hour, or other finer measure.

(f) Total hours worked in each pay period.

(g) Total hours worked in each work period when the work period does not coincide with the pay period.

(h) Total hourly, daily, or weekly basic wage.

(i) Total wages paid each pay period.

(j) Itemization of all deductions made each pay period.

(k) Itemization of tips received in each pay period.

(2) An employer shall keep records for employees paid on a piecework basis to indicate pieces produced.

(3) If a credit is taken for gratuities received by an employee, then the employment records shall contain for each pay period in which the credit was taken a written statement of the amount of gratuities received by the employee. The statement shall be signed by the employee and dated before the date the paycheck was received.

(4) Records required under this rule shall be preserved by the employer for not less than 3 years.

History: 1954 ACS 48, Eff. Nov. 14, 1966; 1954 ACS 50, Eff. May 15,1967; 1954 ACS 66, Eff. July 1, 1971; 1979 AC; 1979 ACS 8, Eff. Dec. 2, 1981; 2000 MR 1, Eff. Feb. 1, 2000.

R 408.703 Rescinded.

History: 1954 ACS 48, Eff. Nov. 14, 1966; 1954 ACS 50, Eff. May 15, 1967; 1954 ACS 66, Eff. July 1, 1971; 1954 ACS 86, Eff. Jan. 3, 1976; 1979 AC;1979 ACS 8, Eff. Dec. 2, 1981; rescinded 2000 MR 1, Eff. Feb. 1, 2000.

R 408.704 Rescinded.

History: 1954 ACS 48, Eff. Nov. 14, 1966; 1954 ACS 50, Eff. May 15,1967; 1954 ACS 66, Eff. July 1, 1971; 1979 AC; 1979 ACS 8, Eff. Dec. 2, 1981; rescinded 2000 MR 1, Eff. Feb. 1, 2000.

R 408.705 Rescinded.

History: 1954 ACS 50, Eff. May 15, 1967; 1979 AC; 1979 ACS 8, Eff. Dec. 2, 1981; rescinded 2000 MR 1, Eff. Feb. 1, 2000.

R 408.706 Complaint; filing date; time limitation.

Rule 6. (1) A complaint shall be considered filed with the department as of the date it is received by the department.

(2) A claim must be filed with the department within 3 years of the date of the alleged violation.

History: 1979 ACS 8, Eff. Dec. 2, 1981; 2000 MR 1, Eff. Feb. 1, 2000.

R 408.711 Scale of piecework for harvesting vegetables.

Rule 11. The following scale of piecework applicable to the harvesting of vegetables is determined by the wage deviation board to be equivalent to the prevailing minimum hourly wage for such work:

Answer 4

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).

Answer 5

The laws of your state regarding lunches, breaks, etc. should be posted in a conspicuous place where everyone has access to them. It's the law that your employer must do this.

The law varies from state to state regarding this matter. For example, in California where I live the law requires one 10min. break for every 4hrs. worked. So if you work an 8hr. shift then 2- 10min. breaks are in order.

If you work more than a 6hr. shift then 1- 30min. lunch period applies.

So, for a 6hr. shift only 1-10min. break applies. Nothing more.

If your employer does not have the laws of your state and federal laws posted for you or any employee to read then he/she is in violation.  

Answer 6

no such law-thats what unions are for.

Answer 7

in almost all states, there is no such law. only minors have those kinds of rights in the work place. Laws do vary from state to state, but you are probably not even entitled to a lunch break. Call your local employment office to find out for sure.

Answer 8

look at the department of labor website..that should tell you exactly what you need to know...and both of the answers above me are wrong!

http://www.dol.gov/

Answer 9

Sorry, unless you're in a union, your employer could take away your two breaks with no consequences. I work 12 hour shifts and only get one 30 minute break for lunch, so, join the club.

Answer 10

Sorry, you are out of luck in Michigan.  I found this on the Michigan Department of Labor web site:

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).

Answer 11

Go to the US Department of Labor website and look for labor laws, breaks, lunches, or whatever in your key word search.  You can also try the Michigan Department of Labor for Michigan's version.  Whichever is more stringent will apply.  I know Illinois is mostly state law in such matters, but contracts usually define the rules more specifically.  Good luck, and read carefully because almost any law is subject to interpretation.  You might want to check the Department of Commerce site also.

Answer 12

Call your department of labor for your state--you can find the number online.  They can tell you exactly what the statute is.

Answer 13

Wow, I am so sorry.  It looks like Michigan only mandates meal breaks for those under age 18.  I looked into Federal mandates, and there is nothing that can help you there either.  That seems really barbaric.

http://www.michigan.gov/dleg/0,1607,7-15...

http://blog.laborlawcenter.com/2006/08/0...

Answer 14

I know that is the law in California...but I don't know Michigans...here I'll do your research for you and find the link.

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).

Answer 15

Did your employer give you an Employee Manual? I would guess that topic would be covered in such a document, but I agree with your other responder that the Dept. Of Labor (Labor & Industry?) would define employer requirements.

Answer 16

As far as I know that is a Canadian law, not a US one.

Answer 17

thats the law unless you work a nine hour shift then it becomes two 15mins and one hour lunch

Answer 18

Federal law does not require breaks of any sort.  Michigan law requires breaks of 30 minutes every five hours of continual work but only for workers under 18.  For adults, you are free to negotiate your own work conditions.  Your ability to sucessfully negotiate will turn on how valuable you are to the company and how valuable the company is to you.  

Answer 19

Go to Google and  ask..... What is the law in Michigan for breaks and my rights?   It will take you to sites to check it out for yourself!