Working 9 hours without being given a break? Is it legal?

by **ludano17** » Fri May 04, 2012 6:52 am

So i work for a Subway franchise here in San Antonio, Tx. I had a shift from 10am-7pm and I had asked for a break (usually don't even tho i would have an 8hr shift, but today i needed one) but did not receive one the whole 9 hrs. I was told by the manager, " well I have been here since 4am and i still have not taken a break so its only fair." So my question, is there law they are breaking here, or could it be taken as a class-action law suit? any help would be great.

by **eochaidh94** » Fri May 04, 2012 6:54 am

Depends on your state. Different states have different laws. You'll have to do some research.

by **jarel** » Fri May 04, 2012 7:13 am

according to Texas employee break laws, they are not required by law, your breaks are determined by your employer and it is his or her decision whether or not to grant you a break or not.

by **iomar** » Fri May 04, 2012 7:15 am

Most requirements for hours you can work with out a break is less than 6-8 hours, for every shift (those 6-8 hours) there should be at least one 30 minute break depending on your place of business. In certain places, a short break of 5-10 minutes are alloted for every 4 hours worked.

by **piaras91** » Fri May 04, 2012 7:18 am

you should have definitely received a break. There should be a copy of the Federal work standards posted in the break area of the franchise. It there isn't then the manager is breaking the law. What the manager does is up to him! He's likely different than the employees in that he's paid a salary. I'm sure there are days when he's there from 7 AM until Noon and receives the same amount of money. Check to make sure of what the law says before you make any claims against the manager.

by **jan46** » Fri May 04, 2012 7:23 am

They are supposed to give you a break but without a Union to stand behind you - How do you enforce it? Sure you could complain to your local labor board but chances are they won't do much.
To start a law suit would be very expensive - not worth the time and money for this. Seek a lawyer and try it - not sure how far you will get .

This is why people should not be so against UNIONS! They did a lot to get us safer and healthier standards to work by. Sadly as they go away - the vultures will take advantage of the little guy and again you have little to no rights in a fire at will state!

Most will just tell you you are lucky to have a job ( even if it is cr@p)

by **ring** » Fri May 04, 2012 7:34 am

Texas does not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies.

The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks lasting less than 20 minutes must be paid.

Meal or lunch periods 30 minutes or more do not need to be paid as long as the employee is free to do as they wish during the meal or lunch period.

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