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    Speak Up! - View Question #18105


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    Question: I am only working about 4-6 hrs a day and my employer is demanding that I take a 30 min break while on my shift is this legal.

    Answer:

    In Arizona there are no laws or regulations covering breaks and lunch hours either for adults or children of a certain age. There are federal labor laws that cover breaks and meal times. Generally, if an employer does give breaks, then the break must be at least 30 minutes for the employer to be able to deduct the time from an employee's pay.

    See LawForKids.org answer 18375 for more information on breaks at work.


    Comments
    1 thru 5 of 10 comments    [ 1 ]  2    
    On 12/10/08
    Sean from AZ said:
    The Dept of Labor says with an 8 hour shift, you are allowed a 30 minute duty free meal break - and several 15 minute duty free breaks (the 15min breaks are on the clock) If your employer doesn't allow, you need to inform the DOL, and believe me, your employer will have a sudden change of heart when he/she gets the call. The policies set forth by the DOL are LAW. You MUST have a 30min unpaid, duty free meal during an 8 hour shift. Good luck ;)
    On 12/10/08
    Sean from AZ said:
    What you need to do is look up your works P&P, whether on a employee portal, handbook, etc. Companys may have different policies in regards to breaks - though they all fall in the lines of rules set forth by the Department of Labor. As long as the companys rules are legit, you gotta follow them... else they have every right to fire you (or suspend ^_^) Now, if your working and your employer clocks you out, and therefore aren't receiving payment for your labor, then you have a case. Work your way up the chain of command with your company. If that doesn't work - get in touch with the DOL.
    On 01/09/08
    Britt from MD said:
    Some places require you, especially if you are under the age of 18, to take a 30 minute break because of Child Labor Laws. Every state's laws are different. Safeway only allows you to take 30 minute [unpaid] lunches if you work 8 hours. While Wawa will have you take a 30 minute no matter how long [Youll probably work longer than 4 hours] you work. Unless your over 18, then its 15-20. So yes, it is legal for them to have you take a 30 minute break =]
    On 10/15/07
    lariss from OH said:
    I work at bob evans and every minor can only work 5 hours without a 30 minute break. however, we have to clock out so we dont get paid.
    On 09/04/07
    Erin from AZ said:
    For some businesses they can require it. There are laws against how many ours a child can work. My boss doesn't give me more than 20 hrs. a week. How old are you?
    1 thru 5 of 10 comments    [ 1 ]  2    



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