What is the policy on break time for adults?

[eadweald71]

I live in NC and I am 19 years old, I work at a portrait studio and yesterday, I worked 10 consecutive hours without even a 5 minute break. Today, I worked 9 hrs with only a 28 minute break. Our studio is supposed to be closed between 2-3 for lunch, however, if a customer walks up at 1:59pm we are REQUIRED to take them. I spoke with my DM and she informed me that I would have to take my lunch when I could and if I couldn't then "oh well". No matter what time after 2 and before 3, we have to clock out and be IN the studio at 3. We may not clock out at 2:54 and come back at 3:54. Are they violating any labor laws?

[eadweald71]

Get a new job and tell them why you are leaving. Technically they are not breaking any laws but industry standard is two 10 or 15 minute breaks (paid) and one 1/2 hour lunch (unpaid) for an 8 hour shift. Federal law has no rules for lunches and breaks other than whether they are required to pay you or not. Since their is no federal law, states usually have their own and unfortunately NC does not have any laws on what is required break/lunch time for employees (see link and click your state)

Meal Requirements: http://www.dol.gov/esa/whd/state/meal.htm#NorthCarolina

Break Requirements:
http://www.dol.gov/esa/whd/state/rest.htm


I have to add one more thing: overtime is only given in NC for any hours over 40 worked in a week, not by how many hours you work in day. http://www.nclabor.com/wh/fact%20sheets/overtimepay.htm

[dickens93]

Yes, they are violating labor laws. Check the laws for your state. The standard is a minimum of a 15 minute break for a 4 hour shift, a 30 minute lunch for a 6 hour shift, a 60 minute lunch for an 8 hour shift or a 30 minute lunch and 2 15 minute breaks for an 8 hour shift.

They should also be paying you overtime for everything you work over 8 hours.

Your best approach is to report them to your state labor board. This can be done anomalously. There are also protections against the company retaliating against you if they do find out you reported them.

Many small companies get away with these violations because employees are afraid to report them. The only way this type of abuse will change is if people know what their rights are and take action.

I had a co-worker who had worked for a local bakery and had never been paid overtime, even when he worked 10 hours a day. This has bee going on for 4 years. I convinced him to report them. He got a $3000.00 check for back wages.