We have had that question often. FLSA does not require that an employee have any breaks. They can, legally by FLSA, be worked 24 hours without a break if you want. Of course, that would be counter-productive, but legal. But I would check any other state guidelines, company policies, union agreements, etc.
So according to the FLSA employees don't have to take lunch breaks. But does that vary from state to state?If so, does anyone know what tennessee law states?
Tennessee Code Annotated, Section 50-2-103(b) provides the following: "Each employee must have a thirty (30) minute unpaid rest break or meal period if scheduled to work six (6) hours consecutively; except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. Such break shall not be scheduled during or before the first hour of scheduled work activity." A similar provision is found in Tennessee's child labor law---without the exception. In other words, a minor is entitled to a 30-minute break if he or she works six consecutive hours---period.
The Tennessee Department of Labor (which has responsibility for the enforcement of this law) has taken the position (at least informally) that as long as an employee has a chance to take a break or sit down and rest every so often, then an employer will fit within the exception noted in the above statute. As an example of this, the Department has said that a server in a restaurant would ordinarily be the kind of employee who works in an environment that by its nature provides "for ample opportunity to reast or take an appropriate break." It would appear, therefore, that unless you have employees working at a job which requires them to stay at it for six solid hours, you probably do not have to worry about the rest break or meal period talked about in the above statute. Let me know if you have other questions.
Comments
employee must have a thirty (30) minute unpaid rest break or meal period if
scheduled to work six (6) hours consecutively; except in workplace environments
that by their nature of business provide for ample opportunity to rest or take
an appropriate break. Such break shall not be scheduled during or before the
first hour of scheduled work activity." A similar provision is found in
Tennessee's child labor law---without the exception. In other words, a minor is
entitled to a 30-minute break if he or she works six consecutive hours---period.
The Tennessee Department of Labor (which has responsibility for the enforcement
of this law) has taken the position (at least informally) that as long as an
employee has a chance to take a break or sit down and rest every so often, then
an employer will fit within the exception noted in the above statute. As an
example of this, the Department has said that a server in a restaurant would
ordinarily be the kind of employee who works in an environment that by its
nature provides "for ample opportunity to reast or take an appropriate break."
It would appear, therefore, that unless you have employees working at a job
which requires them to stay at it for six solid hours, you probably do not have
to worry about the rest break or meal period talked about in the above statute.
Let me know if you have other questions.