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Old 05-30-2011, 07:00 AM
 
5,938 posts, read 4,696,461 times
Reputation: 4630

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A long time ago, I worked as a shipping clerk for a UPS Store. We had no "lunch break." Of course, during most of the year, there was enough down time to take lunch. If someone else was there, the boss had no issues with us running out somewhere local to get something to eat (if we didn't brown bag).

During the winter holiday rush, there was no ever any lunch breaks. We were working non-stop for 12 hours a day with no breaks. However, we'd order in pizza (or brown bag it) and just grab a bite as we worked. Sure, it stunk that there was no downtime, but it made the day go fast.

I never really thought of the legality of it. As an hourly employee, you should get an unpaid meal break.
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Old 05-30-2011, 07:47 AM
 
Location: Tampa
1,246 posts, read 4,653,627 times
Reputation: 957
I worked for a doctors office with no co-workers to cover me during breaks or lunch. I worked from 8 am to 7:30 pm. I was expected to eat at my desk. The doctor would take his break, but I had to stay. It sucks, but I don't think NYC had any laws stating I was entitled to any breaks, at least not 20 years ago when I worked for him.
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Old 05-30-2011, 08:02 AM
 
8,679 posts, read 15,263,675 times
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Quote:
Originally Posted by NYChris View Post
Wow. Thanks for posting that. It def seems like the laws are not on the workers side at all...
Don't get me started. As it is, I'm singing, "Look for the union label..."
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Old 05-30-2011, 08:55 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,551 posts, read 81,085,957 times
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Employers are in business to make money, and do whatever they can within the law to maximize profits. Shutting down a store for 1/2 hour for someone's lunch could cost them sales. For a small business operating on a slim margin that could make a big difference.

You always have the option to look for a better job somewhere else that does have paid lunches and breaks. Most employers that hire skilled employees, requiring experience and college educational will pay for breaks and other benefits to attract the best possible people. In retail customer service they get plenty of applicants to choose from.
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Old 05-30-2011, 12:54 PM
 
4,471 posts, read 9,832,139 times
Reputation: 4354
Quote:
Originally Posted by annaegel View Post
I worked for a doctors office with no co-workers to cover me during breaks or lunch. I worked from 8 am to 7:30 pm. I was expected to eat at my desk. The doctor would take his break, but I had to stay. It sucks, but I don't think NYC had any laws stating I was entitled to any breaks, at least not 20 years ago when I worked for him.
I just started a full time job in NYC. Upon hire hr told us that. If you work six or more hours you are required to take a 30 minute unpaid break. Alsonyou must take the break between 12-2. They make a big deal out of it. I sometimes forget to clock out for my break and just enter it when I enter it after my break and usually call to remind me.
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Old 05-30-2011, 03:38 PM
 
Location: Western NY
145 posts, read 420,495 times
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Quote:
Originally Posted by ohiogirl22 View Post
I just started a full time job in NYC. Upon hire hr told us that. If you work six or more hours you are required to take a 30 minute unpaid break. Alsonyou must take the break between 12-2. They make a big deal out of it. I sometimes forget to clock out for my break and just enter it when I enter it after my break and usually call to remind me.
Yeah a friend of mine works in a big chain retainer and they are really serious about a break being taken on time. Like they will freak out if you forget and whatnot lol. That's why I found it odd that the law states a unpaid break does not need to be given..
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Old 05-22-2013, 09:33 PM
 
1 posts, read 2,136 times
Reputation: 14
Ok, so today was the 1st day of my new job....7am until 5:30pm. That's a 10 & a half hour day. I get a 1/2 hour (unpaid) lunch break! And that's it! This has to be friggin illegal! A half hour lunch in a 10 hour day! I checked N.Y. labor laws and couldn't really get a straightforward answer. Installing industrial solar panels on the roof of a 5 story building!!! 5 hours straight with not even a 15 minute break than a punk ass half hour break, than another straight 5 hrs. without even the hint of a break. Slavery's back? Pays good but means nothing cause I'm gonna die on the roof of some building with a solar panel laying on my chest. Can anyone tell me if this is legal?
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Old 05-22-2013, 09:49 PM
 
2,845 posts, read 6,010,863 times
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Pretty sure it is legal, only if you were working 12 hours would you be allowed another half hour unpaid break.
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Old 05-22-2013, 10:45 PM
 
Location: California
4,400 posts, read 13,390,696 times
Reputation: 3162
Perfectly legal.

Here is the NY law on meal periods. NY has no requirement that employees be given breaks.

Wages and Hours - New York State Department of Labor
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Old 05-23-2013, 07:48 AM
 
Location: The City That Never Sleeps
2,043 posts, read 5,522,239 times
Reputation: 3406
It's 30 minutes lunch/meal break in NY.If an employer wants to give an hour, that's on the employer. Any employer who adamantly refuses to give someone the minimum of 30 minutes IS violating the law. other breaks in addition to the lunch are not required. This is coming from a former litigation paralegal (myself) and native New Yorker who spent a lifetime working in New York State. Go to avvo.com, where lawyers actually go on the forum and answer questions.
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