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[vruyk]

Okay I've done a lot of research so bare through how long it is....

My Grandma works at a Chip factory in Tennessee that only gives her a 17 minute lunch break which she has to clock in and out for. She pulls on average a 6-10 hour work shift and usually gets 1 day off a week. I just don't see how this is legal and so far it isn't looking legal.

On the TN.gov website it states, "State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only"

Then I got on the Federal Department of Labor website and it stated "Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked." However it also said this regarding actual meal breaks, " Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions
." I'm wondering if somehow this company might fall under those certain conditions however it seems shady.

So what I get from all that is that they are breaking State law by not giving her a 30 minute break since she works 6 hours or longer a day. Then under Federal law she should be getting paid for the rest period or break she is given since it isn't long enough to be a meal break.

Please tell me if you agree with this or any comments you have. Also what might she be able to do to counter this, should she go to court?

[matyas]

Call the labour board, you will get direct answers from them when you give them this information.

[archy]

Without actually looking up your state laws, I am going off what you say they contain.

Assuming that your grandmother does NOT have any other time during her shift to rest or eat, then you are correct, they do need to be giving her a 30 minute break.

In so much as the federal rules, you are reading them correctly.

Are you SURE she is only getting 17 minutes, I have never known of an employer to give a specific '17 minute' lunch break that is unpaid.