# Work and breaks **URL:** \ **Category:** Factual Questions\ **Created:** [August 16, 2000, 7:44pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609 "2000-08-16T19:44:56Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [August 16, 2000, 7:44pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609/1 "2000-08-16T19:44:56Z")
This may have been answered here before, but I can’t find it: What is the law regarding breaks at work? In my field I can take a break or even an extra long lunch whenever I want…but I’m a salaried employee. What’s the law on hourly workers? The reason I ask is, my youngest son has a job where he can work 9 hours without getting even a 10 minute break. This doesn’t seem right. I have a copy of what the law is in my office, but to be honest with you I don’t feel like driving over there to look it up. 😃 ---
**Author:** ![Dragwyr](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dragwyr/32/2855_2.png) [@Dragwyr](https://boards.straightdope.com/u/Dragwyr)\ **Post date:** [August 16, 2000, 8:20pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609/2 "2000-08-16T20:20:46Z")
I would be interested in knowing this as well. I seem to remember working a couple jobs where the employer would pull this type of crap: I would be scheduled to work 7.5 hrs instead of 8 to avoid them giving me a break. I still don’t know how legal it is. ---
**Author:** ![Sea\_Sloth](https://avatars.discourse-cdn.com/v4/letter/s/a88e57/32.png) [@Sea\_Sloth](https://boards.straightdope.com/u/Sea_Sloth)\ **Post date:** [August 16, 2000, 8:31pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609/3 "2000-08-16T20:31:23Z")
You will probably get a lot of different answers to this question and my guess is that it’s different from state to state. In Massachusetts I believe the rules are as follows: for every 6 hours that you work you are not only entitled to, but are legally REQUIRED to take a 30 minute break (as if anyone is going to enforce this). For a shift that is less than 6 but more than 4 hours in length you are entitled to a fifteen minute break. The reason that I know this is that I used to be a manager for a very large clothing company and had to follow strict rules when making schedules in order to avoid legal difficulties. ---
**Author:** ![zwaldd](https://avatars.discourse-cdn.com/v4/letter/z/a9adbd/32.png) [@zwaldd](https://boards.straightdope.com/u/zwaldd)\ **Post date:** [August 16, 2000, 8:33pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609/4 "2000-08-16T20:33:22Z")
as a supervisor in texas i had to research this issue about a year ago. there is no law in most states that guarantees employee breaks at all, regardless of the workday length. many employees were under the impression that the law required 2 fifteen minute breaks per day, but this just turned out to be a misconception. we provided breaks anyway because we didn’t want miserable employees. you can find out for sure by searching on the web for employment laws specific to your state. ---
**Author:** ![Arnold\_Winkelried](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Arnold\_Winkelried](https://boards.straightdope.com/u/Arnold_Winkelried)\ **Post date:** [August 16, 2000, 9:04pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609/5 "2000-08-16T21:04:07Z")
> [@](#): > > \*Originally posted by pkbites \* > What is the law regarding breaks at work? What country do you work in? What is the province/state/region of your place of employment in that particular country? What kind of work do you do? I imagine there are hundreds or thousands of laws that can govern “breaks at work” depending on the answers to the previous questions. In re: Federal Law in the USA, according to this site, “[Fact Sheet for Fair Labor Standards Act (FLSA)](http://www.colorado.edu/HumRes/Staffpers/FLSA.htm)”, > [@](#): > > Work breaks are not mandatory. Work breaks up to 20 minutes are counted as hours worked. Work breaks shall not be taken at the beginning or at the end of a work day, nor shall employees use work breaks to extend their meal periods. Work breaks exceeding 20 minutes should not be counted as work time. > … > MEAL PERIODS > An uninterrupted meal period of 30 minutes or more is not hours worked. If a meal period is interrupted to the extent that a non-exempt employee is not relieved of all duties, another meal period of at least 30 minutes may be granted or the meal time is considered as work time. There is no rule requiring that supervisors must schedule a meal period for employees. Employees may work through eight hours without a meal break if approved by their supervisors. ---
**Author:** ![wring](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@wring](https://boards.straightdope.com/u/wring)\ **Post date:** [August 16, 2000, 9:20pm UTC](https://boards.straightdope.com/t/work-and-breaks/29609/6 "2000-08-16T21:20:53Z")
{shameless suck up] Good answer Arnold,[/shameless suck up] but there’s at least two other important variables [major treading on ice] - union connection and age of the worker [/major treading on ice] regardless of the law in the local you are in, if you work in a unionized envioronment, all issues about work conditions become part of the union agreement. this will likely include breaks - length, duration etc. minors have multiple other issues regarding work conditions, both at federal and local levels. check with your local governmental office for fair labor standards, I’ve found them to be unusually helpful. ---
**Author:** ![evilbeth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/evilbeth/32/2268_2.png) [@evilbeth](https://boards.straightdope.com/u/evilbeth)\ **Post date:** [August 17, 2000, 3:51am UTC](https://boards.straightdope.com/t/work-and-breaks/29609/7 "2000-08-17T03:51:21Z")
Also, even if the policy locally (or whatever) is that you must have at least a thirty minute non-interrupted break per so many hours worked, it does not apply to those working in positions where someone must be present at all times (24/7). My job (during my shift) is like this and I do not get relieved for a meal break ever. The security officers are nice and will come in once (sometimes twice) a night and let me run to the bathroom across the hall. But there is no one but me who can do my job when I am here so I cannot leave even for thirty minutes. My husband is an on-air integration coordinator for the local Fox affiliate (no booing) and no one in his department receives meal breaks either. They are allowed to go to the restroom during non-local run shows but they have to eat while on the job. ---
**Author:** ![Asmodeus](https://avatars.discourse-cdn.com/v4/letter/a/8dc957/32.png) [@Asmodeus](https://boards.straightdope.com/u/Asmodeus)\ **Post date:** [August 17, 2000, 4:01am UTC](https://boards.straightdope.com/t/work-and-breaks/29609/8 "2000-08-17T04:01:24Z")
The only workers that get breaks prescribed by law in the U.S. are those under the age of 18. Companies are not required to give adult workers any breaks at all. ---
**Author:** ![hightechburrito](https://avatars.discourse-cdn.com/v4/letter/h/f6c823/32.png) [@hightechburrito](https://boards.straightdope.com/u/hightechburrito)\ **Post date:** [August 17, 2000, 8:44am UTC](https://boards.straightdope.com/t/work-and-breaks/29609/9 "2000-08-17T08:44:12Z")
If I work: 5 or less hours - 1 break 6 hours - 2 breaks 8 hours - 2 breaks and 1 hour lucnh, making for nine hours. Breaks are 10 minutes each, unscheduled, and don’t have to be taken, but if I want it, management can’t refuse. FYI: I work in a grocery store in California. ---
**Author:** ![Louie](https://avatars.discourse-cdn.com/v4/letter/l/c68b51/32.png) [@Louie](https://boards.straightdope.com/u/Louie)\ **Post date:** [August 17, 2000, 8:58am UTC](https://boards.straightdope.com/t/work-and-breaks/29609/10 "2000-08-17T08:58:27Z")
> [@](#): > > \*Originally posted by pkbites \* > **This may have been answered here before, but I can’t find it** Found it, with some good answers. [Taking a break from work, required by law?](http://boards.straightdope.com/sdmb/showthread.php?threadid=27141)