NBR: any labor law experts?

JLPT830 · October 2010

Without boring you with all the silly details, I'm having an issue at work and am hoping someone can point me in the right direction to find some info. So it's a "law" that if an hourly employee works 5 hours or more they have to clock out for a 30 minute lunch.....is this correct? Are there any exceptions to that? At every single job I have ever had, it was also policy that an hourly employee had two 15 minute breaks for which you did not clock out. But I can't find any info on whether this is an actual "law." Any thoughts? TIA!

Mrs.Cooley2bee · October 2010

Unfortunatly, my understanding is that only minors are entitled to lunch breaks after 5 hours of work.

https://www.com.ohio.gov/laws/FAQ.aspx#Breaks This Ohio govermnet website says the following and I am pretty sure it's correct because my BIL has looked into the same issue before.

Q: Do employers need to give employees lunch and restroom breaks?

A: No, under Ohiolaw the employer is not required to give lunch or restroom breaks. However, if the employee is under 18 years of age, an employer is required to give the employee a half hour break for every 5 hours worked.

JLPT830 · October 2010

I will check out that website....thanks! I actually don't want to clock out for lunch because I typically work through lunch. But they are forcing me to clock out and telling me it's required by law. But they are also telling me that they are not required to give me two 15 minute paid breaks.

jerseygirl81 · October 2010

JLPT830:
I actually don't want to clock out for lunch because I typically work through lunch. But they are forcing me to clock out and telling me it's required by law.

That's BS, because if it was required by law then you could report them for not allowing you to take the break.

That's all kinds of not right, and I hope you get it fixed soon.

Mrs.Cooley2bee · October 2010

JLPT830:
I will check out that website....thanks! I actually don't want to clock out for lunch because I typically work through lunch. But they are forcing me to clock out and telling me it's required by law. But they are also telling me that they are not required to give me two 15 minute paid breaks.

Well, it sounds like there is good and bad news for you. You can probably prove to them that it isn't required by law for you to clock out for lunch, because they aren't required to give you a lunch break. But, they also aren't required to give you 15 minute breaks. Grrr, annoying.

Temp806465500003043 · October 2010

At my work (a large chain restaurant) our hourly employees are required to clock out for a lunch break. Not sure if it is a law but it is our company policy and stated in the employee handbook. You might want to check there if you have one. Good luck!

ninjette04 · October 2010

I used to work for a large chain grocery store. Over 18 yr old employees could work 8 hours with NO lunch, or we could clock out for an un-paid half hour lunch, and that would make our shift 8.5 hours long.

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