Legal Question in Employment Law in Alabama

I work at a hotel in the state of Alabama, and as I understand there are no meal or break period laws in our state. At the front desk, we work an 8 hour shift and don't get a break of any kind, although our Employee Manual states that we should get 2-15 minute paid breaks, and 1-30 minute unpaid break (Otherwise it was considered grounds for disciplinary action). I've brought this up with our general manager, and have been told basically, that we're very lucky to have our jobs, and that because of the excessive amount of down-time in the evening hours, that a break is not needed. We used to have a bell available on the desk, and we used to be able to go into the back office and sit for a few moments and eat, but if the bell or phone rang, that we had to attend to it. In the last few days the bell has been taken away, and we've been told to stay out of the back office unless of an emergency. Although every week my 30 minute break is being taken out for every shift I work, and I'm owed a few hundred dollars in back pay. Being the only employee in the hotel sometimes, we never argued with the fact that we would still technically have to be working during our breaks...But I read somewhere this, depending on state law I guess, was considered "Working time" and was subject to pay. What kind of laws are in place, to protect us against virtually "volunteering" a half-hour of time every 8 hour shift, and what kinds of laws are in place to protect us from losing our employment for bringing it up. I honestly feel like I'm being taken advantage of, however...I don't know that the few hundred dollar difference it makes per year would justify losing my job completely. Thank you so much for your help!


Asked on 1/31/10, 8:23 pm

1 Answer from Attorneys

Mari Morrison Mari Morrison

You have to be paid for the 8 hours that you work. If you do have a break then it can be deducted. If this is occurring and all employees are affected, then it violates the Fair Labor Standards Act as well as Alabama laws. I will be happy to talk with you if you decide to contact me through the telephone number at my web site.

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Answered on 2/08/10, 9:34 am


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