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View Diary: Here's why paid sick leave laws are hard to pass (59 comments)

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  •  Yes and no...depends if there is a union contract (1+ / 0-)
    Recommended by:
    FloridaSNMOM

    and what the State laws are.

    NY does not have any such requirements for "breaks" being paid for.  Only a "30 minute uninterrupted meal period" for 8 hours of work.

    The factory I once worked at, we were required to take a 15 minute break, every 4 hours but we didn't get paid for it either.  We'd punch in and out for it.

    -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

    by gerrilea on Tue Mar 04, 2014 at 09:10:34 AM PST

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    •  Under federal labor law coffee break are (0+ / 0-)

      paid breaks.

      http://www.dol.gov/...

      Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
      But both New Mexico and California, the only states I've worked in, both require paid breaks, so it's much more common than paid sick days.

      If knowledge is power and power corrupts, does that mean that knowledge corrupts?

      by AoT on Tue Mar 04, 2014 at 09:25:34 AM PST

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      •  Only 7 States require "rest periods". (0+ / 0-)

        http://www.workplacefairness.org/...

        Only 7 states have provisions requiring that employers give their employees rest breaks. Employers may also be bound to provide breaks by collective bargaining agreements (in unionized workplaces) or other state labor regulations.

        If you work in one of the states where there is no law, then your employer is only voluntarily giving you rest breaks if you have them. Your employer is free to revoke that policy at any time, or may make any appropriate modifications or limitations it chooses.

        Then there is this:
        5. My employer allows me two rest breaks during the day, but does not pay me for them. Is this legal?

        Under the FLSA, rest periods of short duration (for example, five to twenty minutes) are considered to make employees' work more efficient, and are customarily paid for as working time.

        I know for a fact, I never got paid for the two mandatory "15 minute breaks" as required by NYS Labor Law, that I had to take.

        I think the operative term is "customarily paid"...meaning if my employer gave breaks but never paid for them, that would be lawful.  If they did pay for them, they couldn't change their policy and make them unpaid.

        I guess.

        -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

        by gerrilea on Tue Mar 04, 2014 at 10:48:34 AM PST

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        •  You may not have been paid for them (0+ / 0-)

          but under federal law they are required to pay according to the DoL.

          If knowledge is power and power corrupts, does that mean that knowledge corrupts?

          by AoT on Tue Mar 04, 2014 at 11:12:12 AM PST

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          •  I really am anal when it comes to my pay... (1+ / 0-)
            Recommended by:
            AoT

            Don't screw with my money.  Treat me like a dog, call me names, whatever...don't cross the line and not pay me what I've legitimately labored for.  I've traded part of my life for your business, parts I'll never get back, ever...

            I've sued and won multiple cases through the years against the fraudulent practices of many of my former employers.  Employers in NY were so scummy they intentional misclassified hundreds of thousands here just to not pay overtime.  So much so, NY was finally forced to make their "practices" into actual criminal offenses.

            I'm pretty sure you're missing the operative part of "customarily".  That does not state, "breaks must be paid for", there is a real legal difference.

            Hey, I think breaks should be paid for...really.

            -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

            by gerrilea on Tue Mar 04, 2014 at 11:25:51 AM PST

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            •  The Department of Labor (1+ / 0-)
              Recommended by:
              gerrilea

              doesn't say it's customarily, it says that breaks are considered "compensable work hours".

              If knowledge is power and power corrupts, does that mean that knowledge corrupts?

              by AoT on Tue Mar 04, 2014 at 11:33:20 AM PST

              [ Parent ]

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