Can my employer REALLY...

[Mrs.Welch]

make me work 9 and 15 minutes a day with NO breaks? I recently got a position at a daycare and today when I asked when my lunch break was they said I didn't get ANY breaks!

[SeatClutcher]

I thought the law was that you get fifteen minutes for every four hours.

I could be wrong.

[Mrs.Welch]

Originally Posted by SeatClutcher

I thought the law was that you get fifteen minutes for every four hours.

I could be wrong.

that's what I thought too!

[roz]

Nope--not in Kansas:

Meal breaks: Federal law does not require an employer to provide Kansas employees with a meal break, and employees can be required to work ten or more hours
in a row without a meal break. Kansas law also does not provide Kansas employees
with a meal break. In addition, when a meal break is provided, the Kansas employer
does not have to pay for the meal break unless the time really constitutes work time. A
bona fide meal break should be a minimum of 20 minutes. If the time is primarily for
the benefit of the employer, the time is work time. For example, if an employee eats at
her desk and answers phones or opens the mail during the lunch break, then the time is
work time and the employee is entitled to compensation. It might be hard for the Kansas
employee to know if the meal time is compensable, and he needs to consider how
restricted the time is. Police officers are often required to monitor their radios, or a
delivery person might have to monitor the radio. This will not be considered working
unless something more has to be done. In addition, if there are so many interruptions
that the employee cannot really enjoy the meal break, then the time is work time. An
employer can require employees to stay at the work site for the meal break without the
need to pay the worker. Employees who work through their meal breaks will most
likely be entitled to overtime because they will have worked over 40 hours per
week. This will mean that the Kansas employee is entitled to back pay.

[Mrs.Welch]

Originally Posted by roz

Nope--not in Kansas:

Meal breaks: Federal law does not require an employer to provide Kansas employees with a meal break, and employees can be required to work ten or more hours
in a row without a meal break. Kansas law also does not provide Kansas employees
with a meal break. In addition, when a meal break is provided, the Kansas employer
does not have to pay for the meal break unless the time really constitutes work time. A
bona fide meal break should be a minimum of 20 minutes. If the time is primarily for
the benefit of the employer, the time is work time. For example, if an employee eats at
her desk and answers phones or opens the mail during the lunch break, then the time is
work time and the employee is entitled to compensation. It might be hard for the Kansas
employee to know if the meal time is compensable, and he needs to consider how
restricted the time is. Police officers are often required to monitor their radios, or a
delivery person might have to monitor the radio. This will not be considered working
unless something more has to be done. In addition, if there are so many interruptions
that the employee cannot really enjoy the meal break, then the time is work time. An
employer can require employees to stay at the work site for the meal break without the
need to pay the worker. Employees who work through their meal breaks will most
likely be entitled to overtime because they will have worked over 40 hours per
week. This will mean that the Kansas employee is entitled to back pay.

I just have one thing to say.... KANSAS LAW BLOWS!

Thanks for your help Roz, I knew you'd be able to answer that for me!

[roz]

Nah, Google is my friend! I just know what key words to type in to get to the bottom of it easily!

I wish I had better news.

You could move to NY or CT that have mandated meal breaks, (amongst others--albeit a few). But then we coud have more meet and greets here! YAY!

[Bigsweetie]

Originally Posted by Mrs.Welch

make me work 9 and 15 minutes a day with NO breaks? I recently got a position at a daycare and today when I asked when my lunch break was they said I didn't get ANY breaks!

That stinks!!! As a parent I would CERTAINLY want my childcare provider to take breaks! I couldn't get through a day without them, why should a daycare provider?

Try not to get burnt out!!!

I wonder if the parents of the kids that attend there know that the employees aren't getting breaks???

[jr_lenz]

thats what I was thinking...thats cruel and unusually punishment to work that long with kids and not get a break.

[Mrs.Welch]

Originally Posted by roz

Nah, Google is my friend! I just know what key words to type in to get to the bottom of it easily!

I wish I had better news.

You could move to NY or CT that have mandated meal breaks, (amongst others--albeit a few). But then we coud have more meet and greets here! YAY!

I tried google! I just kept finding stuff for the UK. Though I don't have to worry about it now. I told my boss today that I needed to see if I could get off 10 minutes earlier each day so that my son would not be the last at his daycare. She started raising her voice at me saying that if I was an intelligent person I would move my son to her daycare, I would work when she scheduled me NO MATTER WHAT! And that I said I told her I could work anytime, any day and I didn't! I was SO pissed off! I told her that if she wanted to insult my parenting choices that I did not want to work for her, she asked if I was going to just leave in the middle of a shift and I told her your darn right I am! and I walked out. But it was good timing because as I was typing this post I got a call for a management position that I interviewed for day before yesterday!!

[roz]

There you go! No one deserves to be treated like that! She's probably used have employees walk out on her!

CONGRATULATIONS!