mandatory break

TONBRO · December 2003

If someone can help me out, I'd appreciate it!

I currently work for a business that has 6 employees, we are an LLC. Is it mandatory that every employee take a 30 minute lunch break for every 8 hours worked?

For example, if Jim works Monday from 8:30 to 5:00 and doesn't take a thirty minute break becuase he's going to take an hour on Tuesday (again working 8:30 - 5:00), is this legal?

I always thought the law was that the employee HAD to take a 30 minute break for every 8 hours worked. Please help. Thanks!!

Don D · December 2003

There is no federal law and you should call your Tennessee Bureau of Employment Security to see if there is a state law.

tafowl · December 2003

The state of Tennessee requires that you must give employees a thirty minute break after six hours of work. It can be an unpaid break, but they must be given at least 30 minutes. You can find this information on the State of Tennessee website.

Shadowfax · December 2003

We've had a lot of these break issues lately, and I am amazed the number of states that 'require' some sort of break after x hours (kalleefornea doesn't count). And I never would have suspected a mid souther state like Tn to succomb to the nonsense. I would expect to see them inh heabvy industrialized states, but most of them don't have them. I'm just not figuring out why this is the way it is. Thankfully, doesn't really matter to me in any substantive way. Take a break - smoke em if ya got em!

WOCO Frank · January 2004

Mandatory lunch breaks don't bother me so much. What drives me nuts are the people who insist that it's their legal right to smoke every two hours.

Don D · January 2004

Yes, and those people who want to go to the restroom regularly. Things are outa hand.

marc · January 2004

And of course, the EE cannot be doing any work during the break. If any work is done during the 30 minutes, it is no longer a break, they are considered on the clock.

Part of the questions asked if the EE could bank the break from one day and double it up for the next. If Tennessee requires the break after 6 hours, then banking would not be allowed.

mandatory break

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