Can I sue my employer for denying me lunch breaks?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue my employer for denying me lunch breaks?
Where I work there is a severe problem with call-ins. Our superivors tell us we can’t take a lunch break. I don’t think it’s fair. He will tell some people they can’t take lunches but other people can. Can my company legally deny me time for lunch?
Asked on October 22, 2010 under Employment Labor Law, Wisconsin
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Here is the law in Wisconsin as to what is known as "meal periods." You did not indicate if you were a minor or not so I am including the law for both here. There are the standards from the Department of Labor:
"Employers are not required to provide meal periods to adult employees, but it is recommended in the law that employers provide 30 minutes or more for a meal period. However, employers must provide meal periods to all employees under age 18. Meal periods provided to minors must be at least 30 minutes in length, and reasonably close to the usual meal times of 6:00 a.m., 12 noon, 6 p.m. and 12 midnight, or near the middle of the shift. No minor may be employed for more than 6 consecutive hours without a meal period. Employers must pay all employees for “on duty” meal periods. An “on duty” meal period is one where the worker is not provided at least 30 minutes free from work, or where the worker is not free to leave the employer’s premises. Employers also are not allowed to require that meals be accepted as part of the worker’s wages."
So I guess that the answer to your question is yes, you can be denied a lunch break as an adult. Seems harsh but there it is.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.