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I work retail in the state of NJ. Now, can management tell us that we must take a lunch break?
Management is saying that all employees must clock out for a lunch/dinner break, for each & every shift they work, even if the employee does not wish to take one. What is the law on that? I know they have to give employees a half hour unpaid meal break if they work 6+ hours in a shift, but can they tell their employees that they HAVE TO take the break?
Or is the employees break optional?
2 Answers
- LoriLv 51 decade agoFavorite Answer
The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative). With that said New Jersey State Labor Board says, The mandatory break law only applies to minors under the age of 18 and they must be given a thirty (30) minute meal period after five (5) consecutive hours of work. Company policy dictates break and lunch periods for anyone over the age of 18. So in your case your company policy dictates whether you have to take a lunch/dinner and if so that it is unpaid. So your employer is in their legal rights to enforce this as a policy, and yes you have to take the break.
I'm sure you were hoping for a different answer.
Best of luck!
HR Manager
Source(s): http://www.dol.gov/elaws/faq/esa/flsa/008.htm http://lwd.dol.state.nj.us/labor/wagehour/content/...
