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by Superquack on February 24th, 2008

Superquack

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If I work straight through an eight hour shift, they say they have to dock me one hour for breaks. How much time will they be allowed to dock me if I work straight through a twelve hour shift?

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Answers. 2 helpful answers below.

  • by Cognition aka Cog on February 24th, 2008

    Cognition aka Cog

    They are docking you because the FLSA states you must be given a break for every 6 hour shift. Your company must give 2 fifteen minute breaks also, in Tennessee they do not have to paid, but since everyone else is taking a break they are not paying you. This is something you might discuss with the Human Resources person if they have one. If I am interpreting the State law correctly it looks like they will dock you 2 xs for the 30 minute meal break and then 2 xs for the 15 minute coffee break you are not taking. So out of 12 hrs you would get paid for 10.5 hours. I assume you are from TN because your profile says so.

    Tennessee

    1/2 hour for employees scheduled to work 6 consecutive hours or more.

    Lunch requirements

    Under federal law, your employer does not have to provide lunch or coffee breaks. Also, your employer does not have to pay you for lunch breaks that you are given.

    However, your state might have mandatory meal breaks. The requirements vary, but many employees are guaranteed a 30 minute meal period per shift. To qualify, your shift will generally need to be 6 hours, and maybe even 8 hours long.

    These states require meal periods: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Washington, and West Virginia.

    To find your state’s requirements, consult the Department of Labor’s chart on meal periods.

    Summary - Some states require. Not paid.
    Coffee Breaks

    Like meal periods, the federal government does not require coffee breaks. However, any short breaks (usually 5-20 minutes) that you are given must be paid.

    A few states give you a right to short breaks. In these states, you generally get a 10-minute break for every 4-hour shift. These states include: California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, and Washington.

    For your state’s requirements, the Department of Labor has a handy rest period chart.

    Summary - Some states require. If given, must be paid.
    Minimum wage

    http://www.tennessee.gov/labor-wfd/


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

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  • by Alex P. Keaton on February 27th, 2008

    Alex P. Keaton

    Cognition gave you a great answer about state v. federal law, but hold on though. Let's look at this logically. You worked that time - it was your employer who didn't give you a break, or force you to take one. I'd like to say it's illegal, but I'm no lawyer, but it's certainly counterintuitive that you would work and not get paid because the employer failed to give you a break. Call your state department of labor and explain your specific situation, see what they say about it. It's sounds fishy to me. I'll bet you that your state department of labor says you deserve to get paid and your employer is wrong.

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