Unpaid lunch
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There’s no federal law in the US that requires them to give you a lunch break. My state doesn’t have one either.
If I recal, there are federal laws in the US that require breaks, just not specifically for lunch?
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so then it's not my time because I can't take it when I want. since that's the case, why isn't it paid?
Where I live it counts as work time (and you get paid for it) if you can't leave the workplace during it. I can leave so it doesn't count as paid work time, but it's still at a set time for convenience.
And ofc because law demands break every so often
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I’m a salaried software developer. My first job was 8-5 with a lunch break that we had to take. I asked if I could take it at the start or the end of the day and was told, “No.” So my coworkers and I started playing board games 3-4 times a week during our lunch break in one of the offices. Mainly legacy games like Gloomhaven and Pandemic Legacy. The VP loved showing off the board game room to the interviewees to show that we like to have fun there.
I do miss that job sometimes because it was just raw programming. I was programming or writing SQL queries for over 30 hours a week. No AppSec, no lengthy review process, no bullshit (except the pay, which was ok for Mississippi).
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There's also unpaid lunch in Denmark. This would though mean that you cannot be interrupted in your half-hour lunch break for work. If you get paid lunch time your employer can though legally call you in for work again if they need you, e.g. calling in the doctor for an emergency operation.
I have a hard time seeing that happening at my workplace, but I see how it can be significant for jobs like medical staff, security, etc.
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I have a hard time seeing that happening at my workplace, but I see how it can be significant for jobs like medical staff, security, etc.
Good for you then! I work in IT with time critical trading systems, so lunch is sometimes interrupted so we can fix the issues. Bit annoying, but that's part of the deal.
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Good for you then! I work in IT with time critical trading systems, so lunch is sometimes interrupted so we can fix the issues. Bit annoying, but that's part of the deal.
I also work in IT, but tbf that sounds a lot more exciting than the projects I work on.
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If I recal, there are federal laws in the US that require breaks, just not specifically for lunch?
Nope! The only laws that really apply to those are which breaks are paid and which are not. If you are given any breaks, 20 minutes or less must be paid and count towards OT. Anything over can be off the clock.
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Breaks are unpaid because that was another way to minimize what workers have to be paid.
Businesses always look for ways to pay their employees less and only change practices when forced.
Without strong unions and support from politicians things tend to get worse and worse.
Too bad that we have neither.
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There's all kinds of legal murk with this.
If you don't get a break and you make a mistake that injures or kills you or someone else, the employer is responsible.
If you "don't get" a break, either by force or voluntarily (the reason actually doesn't matter), then many places consider that to be.... For lack of a better description (my brain can't think of one right now): bad working conditions, and illegal.
Even if you voluntarily skip you break/lunch, the thin line between that being fine, or a problem for the company, is whether you want to hire a lawyer and make it a problem or not.
That's liability that they don't want.
I guarantee they couldn't give any less of a shit whether you take your lunch/breaks or not, except for the fact that it could affect them.
I'm thankful for this, because bluntly, otherwise, they just wouldn't give you a break at all.
They would put it on the books as you working a 9 hour shift, and taking your lunch at the end of the day, but tell you that you are on an 8 hour shift that has no breaks. Since they can't cover their ass like that, you get an unpaid lunch.The unpaid part was the compromise to get the legislation passed so they don't subject workers to inhumane conditions. Remember that the government is largely comprised of, or paid for by, businesses and business owners. So if it isn't, at the very least "fair" to business owners, it's not going to pass.
Yeah thats my job. If you have an incident and we check your vehicle logs and you arent taking your breaks its an automatic write up. Because nationally its been proven that drivers who DO take their breaks have less incidents.
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Check your local laws. In many states, there is no requirement that you take a lunch. There is no federal requirement for that either.
I’ve had employers tell me that that I legally had to clock out for a certain amount of time, but that’s bullshit. It might be company policy but it’s not a law.
Also, this applies to teens working too. The laws are bad. Found this out when Subway was making my 16 yr old niece work 9-12 hour shifts with no lunch break.
America is not the norm, dude.
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Or live in a state that doesn’t screw you over.
1 hr lunch, two 15 minute breaks for 8 hour shift. Or half hour lunch minimum required after 6 hours work.This is with or without union.
Being on the clock for lunch is a terrible idea. I like my own time thanks.
With or without, that right is still due to Union actions my friend
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Check your local laws. In many states, there is no requirement that you take a lunch. There is no federal requirement for that either.
I’ve had employers tell me that that I legally had to clock out for a certain amount of time, but that’s bullshit. It might be company policy but it’s not a law.
Also, this applies to teens working too. The laws are bad. Found this out when Subway was making my 16 yr old niece work 9-12 hour shifts with no lunch break.
Again, check local laws, but in general you can be fired for cause (meaning no unemployment insurance eligibility) for violating company policy. So "legally" might be wrong but "had to clock out (if you want to keep working here)" might be accurate.
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That's why we use the bathroom before or after lunch.
the boss makes a dollar,
I make a dime.
that's why I shit on company time. -
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Seriously though, I really hate that managers hate employees leaving early. Just how controlling do you want to be? Employees are not kids.
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Again, check local laws, but in general you can be fired for cause (meaning no unemployment insurance eligibility) for violating company policy. So "legally" might be wrong but "had to clock out (if you want to keep working here)" might be accurate.
In "at will" states in the US, you can be fired without cause and without notice. So do your homework before you decide not to follow company policy.
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In "at will" states in the US, you can be fired without cause and without notice. So do your homework before you decide not to follow company policy.
I've always been in an "at will" state (Arkansas) and my more recent firing was without cause and without notice. But, since it wasn't for cause, I was/am eligible for unemployment insurance.
I'm not claiming, because I can't actually accept any job offer, due to the constraints of familial duties, and Arkansas requires you accept an offer when you on UI. (I think there are conditions where you can reject, but I've not read the statues, just the guidelines published by the relevant Arkansas government department, which aren't that explicit.)
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Seriously though, I really hate that managers hate employees leaving early. Just how controlling do you want to be? Employees are not kids.
It's about power.
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Reminder: the traditional "9 to 5" workday that is considered "full time" includes lunch. If you're not getting paid for it or are working 8 to 5 or whatever, you're getting swindled.
You might say it's "normal" now, but it only becomes normalized because workers fail to hold the line.
but it only becomes normalized because
workers fail to hold the line.the rich business owners in charge have been busting unions and brainwashing people with anti-union propaganda for decades.Unions have been attempted more times than they've succeeded, not because of workers failing, but because powerful people have power and will do whatever dirty tactics they can to keep it.
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Or live in a state that doesn’t screw you over.
1 hr lunch, two 15 minute breaks for 8 hour shift. Or half hour lunch minimum required after 6 hours work.This is with or without union.
Being on the clock for lunch is a terrible idea. I like my own time thanks.
In my state in my career path at least the lunch is just used to keep is there for longer operational hours. They want us there 9 but pay for 8 and say we have an hour lunch, that way we're 8 to 5 instead of 9-5.
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In California, when you take your lunch is also mandated by the law. So even if your employer was okay with the idea, you still have to take it before your 5th working hour.
