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Breaks at Work

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N

Nat

Guest
I work in a restaurant in Georgia as a server. I would like to know what the law really states as far as breaks are concerned. I always hear people say things along the lines like: for every 2 hours, you get 10 min, or for 8 hours you get 30 min. I would like to know what it is really. Today my manager kept me from having a break after I had already worked for 6 hours straight. I had to work 1 more hour before I got a break and by then my shift was pretty much over. I said something to him and I just mentioned that technically I am supposed to get some sort of break. He told me that you get 30 min for 8 hours of work and technically it's up to him when I get that break. Is that right?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nat:
I work in a restaurant in Georgia as a server. I would like to know what the law really states as far as breaks are concerned. I always hear people say things along the lines like: for every 2 hours, you get 10 min, or for 8 hours you get 30 min. I would like to know what it is really. Today my manager kept me from having a break after I had already worked for 6 hours straight. I had to work 1 more hour before I got a break and by then my shift was pretty much over. I said something to him and I just mentioned that technically I am supposed to get some sort of break. He told me that you get 30 min for 8 hours of work and technically it's up to him when I get that break. Is that right?<HR></BLOCKQUOTE>

My response:

Yes, employers can regulate where, and when, on the job you can eat and drink. In California, as in most States, generally, employers must grant rest periods at the rate of 10 minutes of rest time for every four hours or major fraction thereof worked. However, no rest period is necessary if total daily work time is less than three and one-half hours. No deduction from wages may be made for authorized rest time. Insofar as practicable, a rest period must be in the middle of each work period.

In all but the broadcasting and motion picture industries, the rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of not less than 30 minutes. However, the meal period may be waived by mutual consent if a work period of not more than six hours will complete the day's work. Unless the employee is completely relieved of duty, the meal period must be considered time worked. Also, if employees must eat on the premises, a suitable place for that purpose must be designated.

By law, your State's rules should be posted in a conspicuous place. If not, your employer is violating the law. Contact your local labor board for specifics.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited April 04, 2000).]
 
N

Nat

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

Yes, employers can regulate where, and when, on the job you can eat and drink. In California, as in most States, generally, employers must grant rest periods at the rate of 10 minutes of rest time for every four hours or major fraction thereof worked. However, no rest period is necessary if total daily work time is less than three and one-half hours. No deduction from wages may be made for authorized rest time. Insofar as practicable, a rest period must be in the middle of each work period.

In all but the broadcasting and motion picture industries, the rule for meal periods is that no person may be employed for a work period of more than five hours without a meal period of not less than 30 minutes. However, the meal period may be waived by mutual consent if a work period of not more than six hours will complete the day's work. Unless the employee is completely relieved of duty, the meal period must be considered time worked. Also, if employees must eat on the premises, a suitable place for that purpose must be designated.

By law, your State's rules should be posted in a conspicuous place. If not, your employer is violating the law. Contact your local labor board for specifics.

IAAL

<HR></BLOCKQUOTE>


OK, thanks, that helps a lot, but I have 2 more questions. (1) Is everything you stated California law and you think Georgia law is similar, or is any of that Federal? (2) What is the best way to contact my local labor board?
Thanks again for your answer,
Nat
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Nat:

OK, thanks, that helps a lot, but I have 2 more questions. (1) Is everything you stated California law and you think Georgia law is similar, or is any of that Federal? (2) What is the best way to contact my local labor board?
Thanks again for your answer,
Nat
<HR></BLOCKQUOTE>

My response:

1. Georgia should be very similar, if not exact. These rules are, for the most part, adopted from Federal Rules of Regulations.

2. Carrier Pidgeon is one way - - oh, wait. Carrier Pidgeons have been extinct since WWI. Shucks !!

Okay, a note in a bottle has worked for me in the past. Takes a bit of time, but I've always gotten a response . . . in a few years. But wait, I think there's another way also . . .

Okay, the next way would be . . . hmmmmmm . . . let's see . . . . OH !! I know!! It's that thing with the buttons and numbers on it . . . What do they call that thing?

Just playing with you; but, you know what to do. Look in the White Pages of your phone book in the Government section.

Thanks for writing.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
N

Nat

Guest
OK, thanks for the quick answers. And I was hoping to drop a note in a bottle, but I guess I could use that phone thing. Thanks

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

1. Georgia should be very similar, if not exact. These rules are, for the most part, adopted from Federal Rules of Regulations.

2. Carrier Pidgeon is one way - - oh, wait. Carrier Pidgeons have been extinct since WWI. Shucks !!

Okay, a note in a bottle has worked for me in the past. Takes a bit of time, but I've always gotten a response . . . in a few years. But wait, I think there's another way also . . .

Okay, the next way would be . . . hmmmmmm . . . let's see . . . . OH !! I know!! It's that thing with the buttons and numbers on it . . . What do they call that thing?

Just playing with you; but, you know what to do. Look in the White Pages of your phone book in the Government section.

Thanks for writing.

IAAL

<HR></BLOCKQUOTE>

 

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