I need to know what is the state's law regarding breaks and meal time?

It is something like 4 hours, one break. 6 hours is one break and meal. 8 hours is 2 breaks and meal?

I've been having an issue with this girl newly promoted to front end manager. She's been letting the position getting to her head quite seriously and I think it is going too far.

For a long time working there, I never had such issue with having 10 minute break each day I work. With her, it is quite a different story. I work 5 hours, so I try to take a break after 3 hours. The problem is that around the time I normally take my break, people go off taking breaks or meal making me wait 30 minutes to one hour longer.

I confronted her about this and she said that technically I work only 5 hours and that she doesn't have to give me a break. A break... 10 minutes. Just a quick smoke and to relax a bit. I'm a bit annoyed with her.

So, what is the actual law regarding this?

Today was the final straw. I clocked in at 5pm and I couldn't get a break until a little after 9pm. My shift ended at 10pm. Honestly, I bust my -censored- working there and rake in the most tip than anyone else. It's maddening that I have such a hard time trying to get a 10 minute break.

Plus, I have to write down my clock in/out for break each day, so they can keep track of me not stealing the company's time. If she doesn't give me a break, then I keep working and working, then the company may think that I am taking a break without clocking in/out.

Suggestions? Need the specifics on the law, please.

You won't like the answer laddie, but here it is.

Are breaks and lunch periods mandatory?
Neither federal nor state law require employers to provide breaks to employees age 16 or older. Mandatory break laws only apply to children under the age of 16. Breaks and lunch periods are considered benefits and remain at the discretion of the employer.

Source:
Frequently Asked Questions, Office of Labor Commissioner (Oklahoma)
http://www.ok.gov/odol/documents/WHFAQ.pdf

OMFG! And Target had a poster that showed the law regarding this. When did they changed?

It's never changed. They probably had a policy poster. There is only one poster that is required to go up by law and that's the minimum wage poster.

Thunder, where do you work? (if you don't mind saying that is)

Crest Discount Foods - Home of Rock Bottom Prices

You won't like the answer laddie, but here it is.

Are breaks and lunch periods mandatory?
Neither federal nor state law require employers to provide breaks to employees age 16 or older. Mandatory break laws only apply to children under the age of 16. Breaks and lunch periods are considered benefits and remain at the discretion of the employer.

Source:
Frequently Asked Questions, Office of Labor Commissioner (Oklahoma)
http://www.ok.gov/odol/documents/WHFAQ.pdf

No wonder labor unions are still needed. However, of the several places I've worked full time it was two breaks and one 30 min. break for lunch. One place was unionized.

No wonder labor unions are still needed. However, of the several places I've worked full time it was two breaks and one 30 min. break for lunch. One place was unionized.

Absolutely. Unions protect workers from employers who are a-holes, which most are.

Crest Discount Foods - Home of Rock Bottom Prices

Right there is your problem, Crest.
The majority of people don't realize there are no laws regarding rest breaks or meals. Many companies don't even allow anything unless you work 6 or more hours.

No wonder labor unions are still needed. However, of the several places I've worked full time it was two breaks and one 30 min. break for lunch. One place was unionized.

Our union contract has 2 15 minute breaks (on the clock) and lunch (off the clock) written in stone. Plus, if you work a compressed schedule (9 or 10 hour days) you get another break. Lunch is normally 30 minutes unless you extend your workday to make it 45 minutes.
Unions are the only ones who advocate for employees - management won't "give" you anything unless it benefits them.

And Crest is one of the worst. "Back in the day" - the old man would hire several minorities when he knew an EEO investigation might be pending. As soon as the coast was clear - out they'd go. And African-American employees were treated like crap - berated in front of customers, called names and harassed - this was in the 70's and 80's!

Unions are the only ones who advocate for employees - management won't "give" you anything unless it benefits them.


Waaaaay too broad a paintbrush you use. I'm not going to knock unions, but there are non-union houses who do actually give a fig for their staffs. Do they derive a business benefit from giving a fig? Many times, but not all.

Some do as they do because it fits their preferences or their faith.
Two groups which come to mind are Hobby Lobby and Chik Filet.

Lots of non union shops will close early tonight, and stay closed most or all of tomorrow, even though they do not have to do so. Many provide assured breaks, even though no union exists to mandate they do so. And many do not stand by the door or cubicle to berate if someone is a tad over on a break or a meal period.

Unions are not evil by any means, but is inaccurate to posit only a union advocates for the employees of a business.

Crest Discount Foods - Home of Rock Bottom Prices

jeff farley is the man. kevin quick is a total tool and the only thing nick harroz has done for the past 20 yrs or so is visit every store just to count up his money.

Jeff is a nice man. I have respect for him and he appreciates me. Just about all the managers treat me well at the store. It's just that the new girl promoted to front end manager is letting things getting to her head too seriously. Honestly, she goes to college, so all that stress is really causing her to vent at work.

Waaaaay too broad a paintbrush you use. I'm not going to knock unions, but there are non-union houses who do actually give a fig for their staffs. Do they derive a business benefit from giving a fig? Many times, but not all.

Some do as they do because it fits their preferences or their faith.
Two groups which come to mind are Hobby Lobby and Chik Filet.

Lots of non union shops will close early tonight, and stay closed most or all of tomorrow, even though they do not have to do so. Many provide assured breaks, even though no union exists to mandate they do so. And many do not stand by the door or cubicle to berate if someone is a tad over on a break or a meal period.

Unions are not evil by any means, but is inaccurate to posit only a union advocates for the employees of a business.

Yep. Hobby Lobby (corporate location) will close early today. Closed all day tomorrow. We get a lunch period and 2 breaks of 15 minutes long. But don't be tardy getting back to work. That IS a big deal. One that can get you fired. I don't think it's unreasonable.

Most people who whine about breaks are either college students - understandable, they are tired! It's tough to work full time and go to school full time. Adults forget this and think young people are lazy. Single parents - hello. Tired! Need a break. Or those who haven't worked many places or understand the concept of labor vs. overhead. And smokers. Sometimes employers don't realize how much more productive one can be even with a 5 minute break. When I was a manager my employees time wasn't micromanaged. Take a break when you need one, lunch when you are hungry, come in early and stay as late as you need. As long as the work was done, on time, and done well I didn't care. BUT - their work wasn't related to other people's work. In grocery stores, fast food, distribution lines, etc... other people's breaks impact your work ability and the day's money and time.

Waaaaay too broad a paintbrush you use. I'm not going to knock unions, but there are non-union houses who do actually give a fig for their staffs. Do they derive a business benefit from giving a fig? Many times, but not all.

Some do as they do because it fits their preferences or their faith.
Two groups which come to mind are Hobby Lobby and Chik Filet.

Lots of non union shops will close early tonight, and stay closed most or all of tomorrow, even though they do not have to do so. Many provide assured breaks, even though no union exists to mandate they do so. And many do not stand by the door or cubicle to berate if someone is a tad over on a break or a meal period.

Unions are not evil by any means, but is inaccurate to posit only a union advocates for the employees of a business.

You are correct and I apologize for sweeping generalization. I look at the way things are at IRS and, in general, management is not prone to grand gestures of generosity.

There are certainly non-union shops and small business owners who genuinely care about working conditions. No offense meant - sometimes my tunnel vision overtakes my logic!

I remember many years ago being at Ditch Witch and sitting at Mr. Malzahn's desk and listening to my boss present a project. Maybe a bell or horn sounded but I don't recall now. But at a certain time everyone -- and I mean everyone -- stopped what they were doing including Mr. Malzahn and began walking out to the shop.

I followed along because I had no idea what was happening. Out in the shop was a coffee bar and everyone moved to it and fixed themselves whatever was available. There was a lot of milling around and visiting. Engineers took their break right alongside the machine operators and truck drivers and everyone else.

Maybe it was 15 minutes but I'm not really sure and the break ended and everyone returned to his or her station.

That was nearly 40 years ago and I still remember that event and am just as impressed with it today as I was then.

Oh yes I also remember it was absolutely forbidden for anyone to have coffee at his or her desk or station -- only at break.

... fast food, distribution lines, etc... other people's breaks impact your work ability and the day's money and time.

Made me LOL at a memory. I was with a Tulsa pizza place in the 80's.
New chap started one morning first time in food service for him, ergo washing dishes and cleanup mainly in his first few hours. 11:30 rolls up, just before our lunch biz would really start to roll and new guy sees a clock. He stops what he's doing, grabs his jacket and heads for the back door, "because it's lunch time."

Priceless.

Waaaaay too broad a paintbrush you use. I'm not going to knock unions, but there are non-union houses who do actually give a fig for their staffs. Do they derive a business benefit from giving a fig? Many times, but not all.

Some do as they do because it fits their preferences or their faith.
Two groups which come to mind are Hobby Lobby and Chik Filet.

Lots of non union shops will close early tonight, and stay closed most or all of tomorrow, even though they do not have to do so. Many provide assured breaks, even though no union exists to mandate they do so. And many do not stand by the door or cubicle to berate if someone is a tad over on a break or a meal period.

Unions are not evil by any means, but is inaccurate to posit only a union advocates for the employees of a business.
While it is true that there are many employers who care about their people and provide reasonable rest breaks out of a sense of caring and fairness, there are many that adopted break policy out of FEAR of unionization. If you can't beat 'em, join 'em.

But it is a fact that the 40 hour work week and the 8 hour day, and the Fair Labor Standards Act came about as a result of union activity. Many people forget that. Many people that enjoy their FLSA protections and other worker-rights still speak ill of unions, forgetting, as Lauri reminds us, that unions are the people who brought them the weekends they so enjoy and take for granted today.

A look into the history of management and labor relations in the 19th and early 20th centuries shows a not so rosy relationship. Much blood, sweat and tears were shed to get to the place where American and European workers are today.

Right there is your problem, Crest.
The majority of people don't realize there are no laws regarding rest breaks or meals. Many companies don't even allow anything unless you work 6 or more hours.

I work 8 hours a day...the only thing I ever get is a lunch break...which I usually work through anyway. Pretty typical IMHO.