Breaks during working hours

[chama_88]

What is the name of your state? Minnesota

I have been working for a company for five years now, which is a resort open seasonally. Apparently for employees, wait staff and kitchen staff, which I am part of, if they work more than six hours a half and hour is automatically deducted from their time card (since we are paid hourly) for the supposed 30 minute break we are supposed to receive during our work day. In my case, in my five years working in this establishment I have never taken a 30 minute break, ever. Yet they still deduct the time from my paycheck. I work normally an 8.5-10 hour work day. I guess my point is that if I don't get a break, since sometimes I don't need one, I would like them to leave the 30 minutes in my paycheck, rather than automatically deducting it from every day I work. Is this legal? Also, never once has my boss or supervisor suggested taking a break, whether it be 5 minutes or 30 minutes. They virtually expect us to work diligently our whole day. This is why I believe what they are doing to be a bit unethical. Is it?What is the name of your state?

[justalayman]

Minnesota Breaks
Paid adequate rest period within each 4 consecutive hours of work, to utilize nearest convenient restroom.
Statute
Excludes certain agricultural and seasonal employees.
Different rest breaks permitted if pursuant to a collective bargaining agreement.

Looks like you get time to poop without getting hassled. That is probably about it.

Minnesota Lunch breaks
Sufficient unpaid time for employees who work 8 consecutive hours or more.
Statute
Excludes certain agricultural and seasonal employees.

Meal period requirement does not prohibit different provisions under collective bargaining agreement.

Pretty non-specific. Sufficient for what? I don;t know.

Those items are from the DOL. Federal law does not require anything as far as breaks or lunch breaks. If you are not getting paid for 1/2 hour, you should be taking the time off. If you are not, then you should get paid but if the boss tells you to take it off and you don;t you have no gripe. Since they are docking your pay, you should be taking the lunch.

[chama_88]

I guess that makes sense, yet the actualilty of it is a bit different. I am never offered time to take a break, nor is there ever time for me to take a break. The ambience of my work place would make taking a break look like I am bleeding the clock, although the irony of it is they already take 30 minutes of pay from me regardless of if I take the break or not. In other words, My boss has NEVER EVER offered to let me take the break they extract from my pay check. That is my core point. What happens if I never get to take or have taken the breaks they are already are taking or have taken out of my paychecks? Is it water under the bridge? My boss and associates assume that we don't need to take breaks, or their ideas of taking a break are not the actual definition of taking a break.

[averad]

[url]http://www.doli.state.mn.us/index.html[/url]

[xylene]

Contact Labor Standards (DLI.Laborstandards@state.mn.us) by e-mail or by phone at
(651) 284-5005, and explain your situation.

If they are docking pay for time you are required to be working, that is not allowed.