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8 hours a day vs 9

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What is the name of your state? New York city

I suppose it's legal for a private company to tell his employees they must WORK 9 hours and give them an hour for lunch calling it an 8 hour day.

Who does that and how is that considered legal?
 


Zigner

Senior Member, Non-Attorney
Let's put some real figures to it. Are you saying you work from 8-5 with a 1 hour lunch time (unpaid), thus getting paid for 8 hours?

Yes, that's legal (and common)
 

xylene

Senior Member
What is the name of your state? New York city

I suppose it's legal for a private company to tell his employees they must WORK 9 hours and give them an hour for lunch calling it an 8 hour day.

Who does that and how is that considered legal?
It is legal.

How?

Because LUNCH is not WORK.

Who?

Companies who do not want to give an employee a paid lunch. Which is not required of them.
 
well, I was not sure about it because most jobs are 9-5 with one hour for lunch. I'm inquiring about a place of (yearly) salaried employment where the boss has the hours as 9-6 with one hour for lunch.
 

ecmst12

Senior Member
Very few companies offer paid lunch hour. And if the employee is exempt, then the employer can require whatever length work day that they choose - there is no limit - and they do not have to offer any additional compensation beyond the salary.
 
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justalayman

Senior Member
well, I was not sure about it because most jobs are 9-5 with one hour for lunch. I'm inquiring about a place of (yearly) salaried employment where the boss has the hours as 9-6 with one hour for lunch.
most jobs? 9-5?

I don;t know anybody that works 9-5.

that was a movie and like most movies, they embellish.

9-9 is more like it.
 
Very few companies offer paid lunch hour. And if the employee is exempt, then the employer can require whatever length work day that they choose - there is no limit - and they do not have to offer any additional compensation beyond the salary.
Hmm, that's odd. I've always worked jobs that were 9-5 with an hour lunch hour. So, I was wondering if it were legal for an employer to do that. I always thought there were restrictions on an employer if they were exploiting their employees. Since most companies do the 9-5. I also understood that a lunch hour is required within the 8 hours by law.

Also, I find it hard to believe that a professional person can be exploited by his employer to work endless hours if requested by the employer (with a threat of being fired if they don't), without legal protection.
 

cbg

I'm a Northern Girl
An employer may require you to work any hours he finds necessary. There is nothing sacred about nine to five. At a former job where 24/7/365 coverage was needed, employees worked 7-3, 3-11 or 11-7. Nor is an employer limited to 8 hour shifts - they may require shifts of any length they choose. 8 hour, 6 hour, 12 hour - the law does not say otherwise.

Federal law does not require that you receive any breaks at all; meal breaks, rest breaks, smoke breaks, any breaks. Federal law says ONLY that IF breaks are offered, breaks of under 20 minutes must be paid breaks.

Some states require both meal and rest breaks; some states require meal breaks only; about half the states require no breaks. Of those states that require meal breaks, the ONLY place in the US where an hour lunch is required, is factory workers in the state of NY. Not all employees in NY - factory workers ONLY. NOWHERE ELSE IN THE US is an hour lunch required. Some require 20 minutes; several require 30 minutes. NOWHERE in the US, with a VERY few state- and situation-specific exceptions (none of which apply here) is a paid lunch required.

There are only two states that limit the number of hours an employee can be required to work - Maine and California. And not even all employees there.
 
WOW! Thank you for that info. It is really quite disconcerting that empoyers can, if they chose to, completely exploit workers. It's disgusting!
 

>Charlotte<

Lurker
It is really quite disconcerting that empoyers can, if they chose to, completely exploit workers. It's disgusting!
Well, no not exactly. You have chosen to work there. He agreed to pay you $xx if you would work nine to six with an hour for lunch, and you accepted. That's not exploitation.
 

TinkerBelleLuvr

Senior Member
If your employer is expecting you to WORK when on lunch break AND not pay you, that is exploitation. If the employer gives you a break during your day, he/she is NOT required to pay you if you go PLAY/EAT/SLEEP, etc. That is NOT exploitation.

as a side note justalyaman, my coworker and I both have a 9-5 schedule, but we do NOT have a scheduled lunch hour. We eat as we can at our desks, in between phone calls and work.
 
Well, that sucks for you. I've always worked jobs that were 9-5 and it was encouraged that we take our hour lunch time. If we worked overtime we were either given some kind of compensation in the form of appreciation or better, at my last job, "comp time". That was given after the 8 hours (including the hour unch time which was encourged) each day. we accumulated the comp time and were able to use it within 2 or 3 months as a free day. So, if you ask me, that IS exploitation. Employers should be treating their employees with respect and they should appreciated. it would make for more productive business. The BEST companies are desirable and successful, specifically becasue they give their employees that respect I'm talking about, support and incentives. Why would an employees give a SH*T, if the employer doesn't care about them??
 

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