Are employees req'd to receive a break?

Is an employer req'd to grant breaks to full or part-time employees in Virginia. We have a part-time employee we're asking to work from 9am-1pm without a lunch break. Thanks!
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Comments

  • 32 Comments sorted by Votes Date Added
  • There are no Virginia state laws governing meal, rest and break periods. Source: West Group, 8/2002, Section 3:80, 3-143.
  • What about Missouri? Are employees that work over 4 hours to 7 hours required to take lunch and breaks?
  • From a Federal standpoint if the employee takes less then a 20 minute break it cannot be deducted from their pay. So in theory, if you let them take that 20 minutes they would be happy and you can't really expect them not to take some time away if they need to. What do you think?

  • Sounds like Alice1 might be on to something!
  • Here in NY, if an employee works 6 or more hours I believe we are required to give a meal break of 20 or 30 minutes. We are not required to pay them for this time away from the job. However, we are under no obligation to give any other type of break. Most companies give a 20 minute paid break as a benefit.
  • The way I understand it is that the FLSA does not require breaks...and states that breaks 20 minutes or less are paid for...over 20 minutes it can be deducted but the employee has to be away from their work station totally...Alabama where I work follows that...NY state sounds like it overrides the FLSA which does happen in some state.

    whatchathink
  • This is taken directly from the NYS Department of Labor

    MEAL PERIOD GUIDELINES
    Section 162 of the New York State Labor Law provides as follows:

    Time allowed for meals

    Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.

    Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noonday meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon. An employee who works a shift of more than six hours which extends over the noonday meal period is entitled to at least thirty minutes off within that period for the meal period.

    Every person employed for a period or shift starting before eleven o'clock in the morning and continuing later than seven o'clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o'clock in the evening.

    Every person employed for a period or shift of more than six hours starting between the hours of one o'clock in the afternoon and six o'clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.

    The commissioner may permit a shorter time to be fixed for meal periods than hereinbefore provided. The permit therefore shall be in writing and shall be kept conspicuously posted in the main entrance of the establishment. Such permit may be revoked at any time. In administering this statute, the Department applies the following interpretations and guidelines:

    Employee Coverage. Section 162 applies to every "person" in any establishment or occupation covered by the Labor Law. Accordingly, all categories of workers are covered, including white collar management staff.

    Shorter Meal Periods. The Department will permit a shorter meal period of not less than 30 minutes as a matter of course, without application by the employer, so long as there is no indication of hardship to employees. A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit.

    One Employee Shift. In some instances where only one person is on duty or is the only one in a specific occupation, it is customary for the employee to eat on the job without being relieved. The Department of Labor will accept these special situations as compliance with Section 162 where the employee voluntarily consents to the arrangements. However, an uninterrupted meal period must be afforded to every employee who requests this from an employer.

    Not all possible meal period questions can be anticipated and, therefore, these "Guidelines" may not cover all situations that might arise. For additional information or assistance, contact the nearest office of the Division of Labor Standards.

  • Texas doesn't have any laws governing breaks, although many ee's will try very hard to tell you otherwise.
  • E Wart
    From what I understand there are no laws in VA which means you would follow federal which means there are no requirement for breaks. (However, the comments mentioned previously about how to be paid if breaks are given is correct.)
    TN and CA have laws governing breaks. GA and TX don't.

  • I know that in NC, meals and breaks aren't regulated. As one person put it in a seminar, you can legally work employees 24 hours a day, 365 days a year without a break. But, that would be crazy. Since it seems there aren't any laws about meals and breaks in VA, then you work it out with the employee so that you are both happy. If you wind up giving a break, just remember to follow the federal regulations.
  • We have employees that work under 5 hours. As a courtesy, we grant them a 15 minute break in the middle of their shift so they can have something to eat and relax for a few minutes. It is a paid break but we find it helps with morale and productivity. I'd say grant the employee the 15 minutes - it may go a long way.

    Lfernandes
  • In California:
    "All employees shall be permitted to take a rest period, which insofar as practicable, shall be in the middle of each work period. The rest period time shall be based on the total lhours worked daily at the rate of fifteen (15) miutes net rest time per four hours or major fraction thereof.

    All employees whose normal workday is greater than six hours are required to take a meal period of not less than thirty minutes. Employees whose normal workday is not more than six hours may waive their meal period by mutual consent of dept. head and ee."
    CA Title 8,Div. l, Article 4,Sect. 11040.

    Hope this gives you some help.
  • I recently got into this discussion & our legal counsel sent me a chart which has each state's requirement listed. I can fax it to someone if they need it. Just let me know.
  • I would like to see this chart if you have a moment to fax it. My fax number is 202-682-1331, attn: Michele H.

    Thanks!





    Ms. Shepard
    Sheparding the Flock

  • >I recently got into this discussion & our legal counsel sent me a
    >chart which has each state's requirement listed. I can fax it to
    >someone if they need it. Just let me know.

    I would be very interested in receiving a copy of the chart referenced above. My fax # is: 615-329-9627.

    Thanks much!



  • Me also please. 480-837-9469
  • I'd love to see a copy, please. Fax is 503-614-1979. Thanks so much.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-11-03 AT 07:57AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 04-11-03 AT 07:25 AM (CST)[/font]

    Here is the link to the chart in case anyone is interested in getting it on line.

    [url]http://www.dol.gov/esa/programs/whd/state/meal.htm[/url]


  • E Wart
    I too would like this chart. Please fax to 770-981-3345 or email to [email]ewarthen@newcombspring.com[/email].
    Thanks, Ellen

  • Could you please fax a copy of the chart to (202)488-5656? Thank you!

    Eva
  • Could you please either fax 414-462-8812 or e-mail [email]channa@schmitzmix.com[/email] me the chart also?

    Thank you

    Cindy
  • Keep in mind that the breaks requirement often changes for minor employees.
  • >I recently got into this discussion & our legal counsel sent me a
    >chart which has each state's requirement listed. I can fax it to
    >someone if they need it. Just let me know.


    When you get a chance please fax the above information to 402-731-5377. Thanks for your help.
  • Would it be possible to receive a copy of the chart? Please fax to 717-261-3156. Thanks.
  • I looked at the link from the DOL. It applies to private sector employers. Do you know of separate guidelines for public sector?

    Thanx!

    "Sam"

    [email]hrdir@iximd.com[/email]

  • Sam: I worked in the public sector at one time. Public sector employees eat at their work stations all day long. What meal breaks?? x:-)
  • I'd like a copy too, please.

    Send to: Lori Bremer, 480/759-0118

    Thanks!

  • >I recently got into this discussion & our legal counsel sent me a
    >chart which has each state's requirement listed. I can fax it to
    >someone if they need it. Just let me know.


    I would appreciate receiving this chart.
  • Sherri, AZ

    I would appreciate receive a fax of your chart.

    Wendy
    816-421-3060
    Thanks
  • Could you please fax to me at (717) 561-7161 and put to the attention of Kimberly.

    Thank you

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