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Thread: Labor laws

  1. #1
    Atomic Punk Bob_R's Avatar
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    Default Labor laws

    Does anyone know of a website where I can read up on Labor laws?

    My wife claims that her boss, a British fellow, expects her to stay in the office and answer the phones. I said to my wife that this is America and if you work over, I believe it's 25 hours a week, she is entitled to an hour lunch a day. And, she can leave the office if she wishes to.

    This British fool is starting to get on my nerves.

    Thanks!

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    Quote Originally Posted by Bob_R View Post
    Does anyone know of a website where I can read up on Labor laws?

    My wife claims that her boss, a British fellow, expects her to stay in the office and answer the phones. I said to my wife that this is America and if you work over, I believe it's 25 hours a week, she is entitled to an hour lunch a day. And, she can leave the office if she wishes to.

    This British fool is starting to get on my nerves.

    Thanks!
    http://lwd.dol.state.nj.us/labor/wag...hour_laws.html
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    In Florida at least it is if you work 8 hours you are entitled to a 30 minute lunch break (which you need to "punch out" for) and 2 additional 15 minute breaks. Unless you are a salaried employee. Is your wife salaried?

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    Atomic Punk Bob_R's Avatar
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    She is a salaried employee.

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    Brit labour laws are the same as US laws. I assume that you are saying that she is expected to be available to answer phones on her lunch break.

    If you have a designated break, you are not legally required to work or be available to work unless it is stipulated in your contract but there is alway s a minimum break per amount of hours worked.
    A man could lose himself in a country like this.

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    Atomic Punk Bob_R's Avatar
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    Quote Originally Posted by graeme View Post
    I assume that you are saying that she is expected to be available to answer phones on her lunch break.
    Exactly.

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    Atomic Punk jrk5150's Avatar
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    I'm too lazy to look up that NJ link posted for you, but it's a state thing. In MA, which is as employee friendly as they come, it's 1/2 hour meal break for every 6 hours worked, but that 1/2 hour is merely able to eat, doesn't specify that you must be relieved of all duties. For instance, you can be required to man phones, or do lunch duty if a teacher, etc.

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    Sinner's Swing! Wickett's Avatar
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    Quote Originally Posted by Bob_R View Post
    She is a salaried employee.
    Good luck.. that qualifies here as an exempt employee, meaning exempt of regulations that affect hourly employees (breaks, lunches, limits on hours per week, etc.)
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    Quote Originally Posted by Wickett View Post
    Good luck.. that qualifies here as an exempt employee, meaning exempt of regulations that affect hourly employees (breaks, lunches, limits on hours per week, etc.)
    That depends on the State. Lots of lawyers here in FL more than willing to challenge the old status-quo.
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    Sinner's Swing! Wickett's Avatar
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    Quote Originally Posted by VanHalenRules View Post
    That depends on the State. Lots of lawyers here in FL more than willing to challenge the old status-quo.
    Point taken. I'm not familiar with NJ labor laws.
    Don't drink the Jim Jones punch. They're called theToxic Twins for a reason...

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    Atomic Punk jrk5150's Avatar
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    Quote Originally Posted by Wickett View Post
    Good luck.. that qualifies here as an exempt employee, meaning exempt of regulations that affect hourly employees (breaks, lunches, limits on hours per week, etc.)
    Nope - exempt/non-exempt applies to federal laws around OT. Nothing to do with state laws around meal breaks, etc.

    Whether she's salaried or not is irrelevant to the conversation, except if she was hourly she'd have to be paid for the time. Salaried assumes she is.

    Oh, and by the way, salaried in common terms = exempt, but that's not always the case. You can pay "hourly" workers a salary, you just have to pay them time and a half for any hours over 40 (and over 8 in a day in Cali).

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    Atomic Punk Bob_R's Avatar
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    Thanks for all the answers I appreciate it. I'll take it all under advisement. Keep 'em coming if possible.

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    Atomic Punk Bob_R's Avatar
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    Haven't found anything applying to adults yet. But, something for minors.
    The part in bold is kind of vague.

    Q. What kind of breaks do I get? Are breaks and lunch required by law?

    A. Mandatory break laws apply only to minors under the age of 18. Company policy dictates break and lunch periods for anyone over the age of 18. Minors under the age of 18 must be given a thirty (30) minute meal period after five (5) consecutive hours of work.

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    Atomic Punk jrk5150's Avatar
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    Actually, Bob, that's about as crystal clear as these things ever get.

    Assuming what you pasted is accurate, unless her boss is violating company policy, which is up to the company to interpret, she's screwed. So, basically, she's got no break.

 

 

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