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mandatory breaks?

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U

UberOctaFrank

Guest
What is the name of your state? IN

I work as an hourly assistant dept. head at a large retailer. According to company policy, any hourly employee working an 8 hr. shift is entitled to two 15 min. paid breaks and one 1 hr. unpaid meal break. Usually I only care to take one 15 min. break per shift, as a matter of personal preference. I dislike taking the 1 hr. unpaid meal break, as it effectively makes my workday 9 hrs.

I am now subject to disciplinary action for failing to take the alloted breaks, both paid and unpaid. Upper management has indicated verbally that state law mandates these breaks, but I was unable to find confirmation of this on the IDL website.

Any advice in this matter is appreciated.

Chris
 


cbg

I'm a Northern Girl
Neither Federal law nor Indiana state law mandates breaks.

However.

A company is well within its rights to mandate breaks for their employees, regardless of whether state law requires it or not. If the company wants you to take a break, you take a break or face disciplinary action. There's nothing illegal about that.

I suggest you either work things out with your employer or else resign yourself to taking those breaks. Keep in mind that the employer, in this case, has the upper hand. If they don't wish to excuse you from taking the breaks they don't have to, and there's no way you can force them to do so short of quitting.
 
Last edited:

Beth3

Senior Member
YOU don't get to decide what your work schedule is - your employer does. By skipping the required breaks, you're either forcing your employer to either pay you overtime or send you home before the end of your shift when they still need you to be working. No wonder they're ticked. Take the breaks or face disciplinary action or look for another job with hours more to your liking.
 

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