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In a right to work state can an employer legally make an employee work 8 hrs without any breaks?
Wiki User
∙ 16y ago
No. You are talking about two totally different legalities. “Right to work” refers to state laws that prohibit employees from being required to join a union or pay union dues or fees. Twenty-two states have adopted right-to-work laws, and all employees in a right-to-work state are protected, with the exception of airline and railroad employees (who are covered under the Railway Labor Act) and employees working on federal property (depending on circumstances). Right to work has NOTHING to do with breaks. State laws mandate certain unpaid breaks. Each state is different. For instance, here is Nevada law on breaks (Nevada is a right to work state, by the way): **NRS 608.019 1. An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection. 2. Every employer shall authorize and permit all his employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period. The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof. Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours. Authorized rest period shall be counted as hours worked, for which there shall be no deduction from wages. 3. This section does not apply to: (a) Situations where only one person is employed at a particular place of employment. (b) Employees included within the provisions of a collective bargaining agreement. 4. An employer may apply to the labor commissioner for an exemption from providing to all or to one or more defined categories of his employees one or more of the benefits conferred by this section. The labor commissioner may grant the exemption if he believes the employer has shown sufficient evidence that business necessity precludes providing such benefits. Any exemption so granted shall apply to members of either sex. 5. The labor commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon his own motion or upon the application of an association of employers. Each such application shall be considered at a hearing and may be granted if the labor commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected. Any exemption so granted shall apply to members of either sex.** If you are unsure whether it is legal to make an employee work 8 hours without a break, you need to consider the state laws on breaks, for the state that the employee is working in.
Wiki User
∙ 16y ago
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In the state of Kansas what are the labor laws regarding lunch breaks?
There is no federal law requiring breaks or lunch breaks. Some states have state laws that govern breaks and lunch breaks. Kansas does not have any state laws requiring breaks or lunch breaks. So your employer can legally work you an 8 or 10 hour shift without a break.
Can an employer require an employee to document all restroom breaks?
no because if you gotta go you gotta go Certainly, if there is a good reason to bother with that.
Is downtime at work considered a break?
The answer to this question depends largely on the the state in which one lives. Some states do not require employers to provide breaks to employees, and therefore, it is up to the employer to dictate the terms of employee breaks. Some states require employers to provide breaks to employees doing certain types of work or working in certain industries, but not others. Some states require employer to provide breaks unless the employee has sufficient "downtime." Lastly, some state require all employers to provide employees with breaks, regardless of how busy they are while working. Identifying the state in which the employee works would permit a more complete and accurate answer.
How a company increase the working time of employees without increase the pay?
A couple of ways to increase employee productivity is to monitor paid breaks and un paid breaks. As an example if you have 10 employees who each day return from their paid or unpaid a total of six minutes on average per employee that is 1 hour (60 minutes) you the employer is paying for that is un productive lost time each day.
what is the law concerning restraunt workers getting breaks & lunch-breaks My employer says she dosent have to give us any breaks in Florida.?
I do believe empoyers are required to give a minimum break of 15 minutes to any employee working over 5 hrs. If a employee works over 8 hrs then they recieve at least a half an hr. I dont know if they are paid breaks or not. Some states are different.
Can an employer take out time from my hours worked for breaks that I don't get?
An employer can require you to take breaks, but cannot deduct time for breaks and then prevent you from taking breaks. If time is being deducted for those breaks, you must be allowed to take the breaks. However, if you have decided not to take breaks because you want to be paid more money, then that is your own doing, it is not the employer's fault. You are being given breaks, so take your breaks. Requirements for breaks vary by jurisdiction (which is to say, the law doesn't work the same way in all locations) but it is quite usual that there is a labor regulation that requires employers to give breaks to employees, and if employees don't take those breaks, it will then appear that the employer is breaking the law. That's why the employer may insist that you take breaks.
What happens when an employer breaks his contract of employment?
Report him/her
What are the consequences of breaking health and safety laws?
If an employee breaks health and safety laws, they could receive:employee in-services or additional traininga official written warning in the employee recordtermination for failure to follow standard proceduresimmediate termination if the breach was severeAn employee who breaks health and safety laws could cause the employer to be fined by cited and regulators.An employee who does not follow safety and health laws could cause injury or death to that employee or to others.In some employment situations, employees could face fines as well, especially if they hold some type of professional licensure.
Under contract does an employee have the right for breaks and lunch and not working hours on end?
That would rather much depend on the contract, the job, and whether the enemy is still shooting at you. It was not at all uncommon to have to run my squad without breaks for days at a time without breaks...now what were you griping about, again? You're getting paid, aren't you?
What non physical aspects of the workplace can you think of that could have an effect on an employee's health and safety?
Clean & quiet areas where an employee can remove themselves from the phsical work environment to take breaks without the interference of any the workplace activities.
Can an employer in Alabama make you work a 12 hour shift without a break if they pay you extra?
Yes, an employer in Alabama can make you work a 12 hour shift without a break - but they do not have to pay you extra. There is no federal or Alabama state law mandating that an employer must allow for any meal breaks or other breaks. For information on federal labor laws concerning paid breaks, meal breaks and other breaks, see this website: http:/www.dol.gov/dol/topic/workhours/breaks.htm For information on Alabama state laws concerning meal breaks or other breaks, see this website: http://www.humanresourceblog.com/2008/02/05/alabama-break-laws/ Also, here is an additional website that combines information on federal and Alabama state laws into a comprehensive summary: http://blog.laborlawcenter.com/2006/07/27/alabama-lunch-and-break-law/ If an employer does allow for short breaks (20 minutes or less), they are still required to pay you for that time by federal law. However, if a break is 30 minutes or more (typically this would be a meal break), then they do not have to pay you for that time.
Can employer take away your health insurance if you are pregnant and a fulltime employee?
The employer cannot take away your health insurance, unless the plan is dropped for all employees. To take away your health insurance would be a clear violation of the federal and state rules about discrimination against pregnant women. You would have a strong case to take to your state human rights commission. The employer could not legally take away your health insurance, but they could do the next best thing: fire you. The Americans with Disabilities Act (ADA) does not consider pregnancy to be a disability. Therefore employers do not have to make reasonable accomodation for pregnant employees. The result is that a pregnant employee could be legally fired because she needs more bathroom breaks, or cannot do heavy lifting. For many women, being fired from a job means losing their group health insurance. COBRA coverage may be very expensive, especially for someone who is pregnant and probably cannot work full-time for a new employer.
