No breaks at my first job

Question

I started working at Pump 'n' Pantry, a convenience store, on Monday. I was informed that since I am 17, I have to take a half-hour break because it is illegal if I don't. When I asked the assistant manager what will happen when I turn 18, she informed me that I will no longer be allowed any breaks... that's 8 hours straight of working. No employee takes a break at the store. Not 15, 10, or even 5 minutes! The only breaks we get are, well, going to the restroom. However, those who smoke are allowed to do so, and that usually takes 10-15 minutes.

My mother has offered to call the Labor Offices this week to inform them of this. I'm wondering if this would be a good thing to do. Would the offices do something about it, or would it just be tossed aside? What could happen to the company? And, lastly, is what they are doing illegal?

Answer 1

It depends on where you are, but in most US states, breaks are not required.  Federal law doesn't require them, although laws in a few states do require breaks.  Some states require breaks for minors only - sounds like that's how your state is.

Deanc gives a lot of wrong answers, and doesn't know what he's talking about.

Answer 2

What they're doing is illegal.  If you work at least four hours you are entitled to a 15 minute break, and if you work at least six hours you are entitled to a 30 minute break.  Not sure what the labor office would do, they should investigate and fine the owner but I couldn't guarantee that.

Answer 3

Whether this is illegal depends on exactly how your employment is classified (are you a full- or part-time employee? skilled or unskilled labor? salaried or hourly? exempt or non-exempt? technical, managerial, executive?); your age; and where you live.

In most US jurisdictions, hourly wage employees (who work 8 hours per shift) are entitled to 30 minutes for lunch, plus one 15-minute break for every four hours on-shift. In some US jurisdictions, if your manager customarily allows a full hour for lunch, that's your two 15-minute breaks gone - but not in others.

Everywhere in the US, it is illegal to discriminate in the fashion of allowing breaks only for smokers & no breaks for non-smokers.

I would suggest talking to your manager about this, and if that doesn't work then look for another job. If indeed your manager is allowing only smokers to have breaks, that's illegal. You may be able to force her to give non-smokers breaks just like smokers get, but then she'll probably find some other reason to make your work life difficult & eventually build enough trumped-up reasons to fire you. If you feel strongly about this, then by all means complain to the Labor Board - but realize that you may end up out of a job as an indirect result of your complaint.

I have no knowledge at all of employment practices outside the US, so if you live somewhere else then this may not apply to your situation.

Best thing I can suggest is to call the Labor Board anonymously, and ask them about the legality of your manager's practices.  

Answer 4

Employers are NOT required to give their employees breaks.  Sorry, I know that isn't what you wanted to hear.  I've lived and worked in 5 states, and I've never yet lived anywhere that the state required employers to give breaks.

I've worked for companies who allowed their employees to take a break during their shift, provided the office was appropriately staffed and the workload allowed for a break.  And I've worked a lot of places where you wouldn't have had time for a break even if you wanted one.  And I've worked places where you could tell your boss "Hey, I need to step outside for a few minutes" and they didn't mind.

Employers who allow you to take breaks can also require that you clock out so that you aren't paid for your break time.  Perfectly legal, since you aren't working.

What employers CAN'T do is require that all employees take a break during their shift, and then deduct time for the break even if the employee never got a break.

There are lots of jobs where you never get a break.  I know a lot of nurses who work 12-hour shifts, and they have so many patient that a lot of days they don't even get to take their 30-minute lunch break.

So you will have to work your 8 hours without a break.  Welcome to the grown-up world.

EDIT:  Here is the exact wording from the Pennsylvania Department Labor & Industry, Wage and Hour Division:

What is the Law Regarding Breaks and Meal Periods?



Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes. A collective bargaining agreement may also govern this issue.

Answer 5

You don't mention the state you are from. Different states have different laws. Check the following site on some of the states and their laws. http://www.dol.gov/esa/whd/state/rest.ht...  What state is it?

After checking the site I found that only 8 states have laws.  ...Good Luck...