Meal Break Question

[brichard]

What is the name of your state (only U.S. law)? Massachusetts

I have read a few other posts on the forum and think I have an answer to my question but I wanted to ask anyways. I have read the MA laws and by what I gather, for any shift over 6 hours an employee must be provided with a break of at least 30 minutes, to be unpaid. Also, the employer may allow paid breaks under 20 minutes. Also, any employee has a right to waive their right to a lunch break, and they must be paid if they continue to work.

Now, in the situation I am in, sometimes it is hard, or even impossible to take a break (as it is defined by law). I am a supervisor at a retail pharmacy, I am full-time but not salaried. I frequently work alone, meaning it is just me with a few regular part-time employees. On these shifts, I never take a break, however, I am usually deducted for the time anyways. My employer has stated that on these days I should take a break regardless of how many times my assistance is required.

I have been literally been told that I should begin my break, and every time I am called for assistance I should stop timing my break, and then go back into it when I am finished. I was literally told to use a stop watch for this. Now, my meal break, as required by law, must be uninterrupted to the point where I can leave the premises.

Here are my questions:

Does my employer have a right to tell me that I cannot waive my lunch?

Must I be payed if I am not able to take a uninterrupted break?

[cbg]

1.) In these circumstances, yes. MA law allows for exceptions when only one employee is on duty. They do not require the employee to hire someone else just to cover your break.

2.) Yes, if your break is not uninterrupted, it must be paid.