My Tennessee Kroger only gives one 15 minute break on a six hour shift. The Tennessee Department of Labor states that an employee must have a thirty minute lunch if he/she is scheduled for at least six consecutive hours. Is my Kroger breaking state law or is there something I'm missing? I really just want to understand how this company is aloud to do this, or if they can do this.
At our store in Mi, sometimes Eschedule gives a lunch for 6 hours and sometimes not.
Example: 12pm-6pm, one 15 minute break, no lunch, 6 hour shift.
12pm-6:30pm, one 15 minute break, a lunch, 6 hour shift.
Add up your hours for the week to see if they add up to over the total. You might have been scheduled for a 5 1/2 shift.
12pm-6pm, one 15 minute break, a lunch, 5 1/2 hour shift.
If you must have a lunch, ask your store manager if your schedules can be made with a lunch. They might let you stay 30 minutes over so you can get an unpaid lunch regardless of what Eschedule does.
I'm talking about an exact six hour shift. Like 8-2 for example. That merits one 15 minute break By Kroger policy. Tennessee state law says "½ hour for employees scheduled to work 6 consecutive hours or more". I think the key word is "scheduled". If your "scheduled" 6 hours you get a half hour lunch. My interpretation of the word scheduled would be the time at which you are required to be at work until the time you leave. I personally think that Kroger (or at least my Kroger) my have interpreted this law as anything over 6 hours which is incorrect according to Tennessee D.O.L. I also thought that maybe the 15 minute break didn't count as "consecutive" time, but that is also incorrect. There are no lawful requirements for breaks outside of a lunch. An employer can choose to give these breaks but they must be paid for. So that also led me to believe that since Kroger makes you clock out for fifteen minute breaks ,even though they must be paid for, this is allowing them to fraudulently manipulate the system. Because although they comp you the time for your fifteen minute break ,if there were an investigation or audit the records would show you had only worked 5 hours and 45 minutes. Nowhere else i've ever worked would let you work six hours without a lunch break, and this was always due to state law. So I'm really confused and interested by this situation. If anybody knows any organizations or agencies I could contact to clear this up would be greatly appreciated.
That comment has absolutely no significance toward anything. So thanks for being that guy. My curiosity really isn't so much for me (I rarely take breaks anyway) as it is people who may not know what they are entitled to. People that may have conditions that may demand them to stay nourished, or to rest their feet. That extra fifteen minutes could really help some people. Plus it's just not right for a giant cooperation to take advantage of their employees.
Yes, if there are labor laws in your state, expect at least one or two to be broken. Its always good to also check union contract points. Lunches/breaks might also be mandatory on those grounds. That said, this is the real world and you tend to get crapped on if you try to stand up for yourself and others in this kind of way. Its a gamble, be prepared to write new job applications.
-- Edited by Stranger on Sunday 15th of June 2014 11:22:00 PM
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