I know that Arkansas is an "At Will State" as well as many other states, but.... There are many days where I work anywhere from 9 to 16 hours a day and on rare occasions 24 hours in a 36 hour period. Is it legal for me NOT to get a lunch break at any time? They do however allow us to take small breaks like to smoke a cigarette BUT, if and ONLY if you work the second shift (7-4) which I never have/do, you are allowed a 20 minute PAID lunch break. My shift is not allowed any lunch breaks. When I worked for a major corporation here in Arkansas we couldn't go more than 6 hours on the clock without taking a lunch or else we got a "coaching" or in other words a writeup. I now work for a truck stop/convenience store....does that make a difference or no? Any help or answers/questions you have would be very much greatly appreciated.
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Work and no lunch break.
- Thread Starter Jeg7088
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army judge
Super Moderator
If meal time is permitted, it doesn't have to be paid.
If you work an 8 hour shift and are given a 30 minute lunch break, you will be at work for 8.5 hours, but need only be paid for 8 hours.
Arkansas state and federal wage and hour laws don't require an employer to provide a break or a meal period.
(State law does require rest breaks for children under the age of 16 employed in the entertainment industry.)
Rest periods for short duration, usually 20 minutes or less, are common in industry and promote efficiency, but are NOT required.
State and federal minimum wage and overtime laws require that these short periods be counted as hours worked and that covered employees be paid for the time.
Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee, however, must be completely relieved of duty during this time. If the employee is required to perform any duties, whether active or inactive, while eating, the meal period must be compensated as work time.
Your state's labor and wage board:
http://www.labor.ar.gov/resources/Pages/faqs.aspx
If you work an 8 hour shift and are given a 30 minute lunch break, you will be at work for 8.5 hours, but need only be paid for 8 hours.
Arkansas state and federal wage and hour laws don't require an employer to provide a break or a meal period.
(State law does require rest breaks for children under the age of 16 employed in the entertainment industry.)
Rest periods for short duration, usually 20 minutes or less, are common in industry and promote efficiency, but are NOT required.
State and federal minimum wage and overtime laws require that these short periods be counted as hours worked and that covered employees be paid for the time.
Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee, however, must be completely relieved of duty during this time. If the employee is required to perform any duties, whether active or inactive, while eating, the meal period must be compensated as work time.
Your state's labor and wage board:
http://www.labor.ar.gov/resources/Pages/faqs.aspx
cbg
Super Moderator
AJ has pretty much summed it up. In your state, with the exceptions he has noted, you are not entitled by law to any breaks, paid or unpaid, at all. I'm glad your former employer offered them - I sincerely believe that they should be required in all states. But neither Federal law nor the laws of about half the states, including yours, agrees with me.
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