Legal Question in Employment Law in Maryland

Breaks for employees

I work for a company, from 12:30 pm to 9:00 pm, with a 30 minute lunch break. Effective yesterday, all of the employees in the customer service dept. received an email that we are no longer going to receive (2) 15 minute breaks until further notice. I want to know is that legal for a company not to give its employees breaks? Working all day without a break only a scheduled lunch break in which the lunch break is not paid linch break. We were told that the company does not have to give us breaks, because these are paid breaks, and it is up to the company's discretion and our call volume. We have 4 supervisors that do not get on the phones when there is a high call volume and 1 manager that also does not get on the phone to help. The supervisors also take there smoke breaks. While we are left on the phones all day. Customer service is the only department in the company that are not receiving breaks. Please help!!!!!!!!!!!


Asked on 8/16/01, 11:35 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breaks for employees

Under Federal law, any employee working an 8 hour shift on a full time assignment (i.e., 40 hours per week) is required to be given a 30 minute break to eat a meal and two 15 minute breaks. The 15 minute breaks may be included into the meal break where union representation requires or where inustry practice is the norm. However, holding strictly to Federal labor guidelines, the minimum is two 15 minute breaks, stagered, and a half hour meal break.

I suggest you talk with management and try to work a reasonable accomodation. If they are recalcitrant, then you may reevaluate whether you want to continue working for a "slave labor" organization. An action certainly lies with regard to violation of Federal labor laws...however, this may be costly.

If several people within your organization have similiar complaints regarding abusive management practices, please feel free to contact me for action.

DISCLAIMER: No legal advice is given by this correspondence. When contacted with a legal problem, it is best to contact an attorney.

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Answered on 8/19/01, 2:27 am


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