Full Time Emp - No Lunch/breaks

[Dune]

What is the name of your state? Michigan

I work in a Day Spa in Michigan - I am a lic. Esthetician (skincare tech) I work in a day spa/salon - and want to know -
why my employers can get away with -
1. Commission Only paid employees - working over 8 hour shifts - with No scheduled Lunch breaks. I work over 42 hours a week.
We are booked solid - for 8 hours - without a break - that it is significant enough that our health is suffering - is this a law within commissioned employess that stands? Or do I just enjoy working in inhumane conditions - that I am not only not offered any time to eat - that if I am it consists of less than 10 mins - and I live in pain for the suffering of digestion - and at the same token - urination is a gift - to me - because I am working = because the economy is at such a standstill - that I need to be bowing down to my clients - even at making less than 25k a year? comments appreciated.

 

[cbg]

This really does not belong under Workers Compensation. It would have been better placed below under Fringe Benefits.

However, since you're here...

Nothing in either Federal or Michigan law requires your employer to grant you a lunch break or a rest break, unless you are under the age of 18. It makes no difference whether you are paid on commission, salary, or hourly - breaks of any kind are the employer's opt.

That is not to say that I agree with the practice of not offering breaks; however, your employer is not violating any laws.

 

[d8ddysgirl]

Look under the Fair Labor Standard Act Laws.

 

[cbg]

FYI, the Fair Labor Standards Act does NOT require employers to provide breaks. It does provide some standards that must be met IF the employer chooses to offer breaks, but as far as the FLSA is concerned, it is entirely up to the employer whether to offer breaks or not.

 

[d8ddysgirl]

Your kidding me right. Im in HR and we just had a huge meeting on this. I can fax you some great articles of employers being sued for this exact same thing. This is a Federal Law. An employer may not choose to give breaks or meal breaks THEY HAVE TO! If you work more than 6 hrs you must be given a 30 min noninterupted meal break.

 

[cbg]

I'm not in the least kidding. The Federal Fair Labor Standards Act does NOT - repeat, does NOT - require breaks of any kind.

Your state, however, does. What you are quoting is the New York - NOT the Federal - requirement for mercantile or like establishments.

By the way, I'm in HR too, and have been for close to 25 years.

 

[cbg]

And here's some proof for you:

http://www.dol.gov/dolfaq/go-dol-faq.asp?faqid=317&faqsub=Agencies+&+Offices&faqtop=About+DOL

If you don't believe me, maybe you'll believe the US Department of Labor, which oversees the FLSA.

Now, go back to school and learn the difference between state and Federal laws, okay?