No breaks at work? Is this legal??
I’m 18 and live in the state of Kentucky. The Kentucky labor laws states that for an 8 hour shift you are entitled to two 10 minute breaks every 4 hours and a reasonable meal break during your shift.
A lot of the time i work 8 hour shifts and no break is offered to me and nobody else takes breaks. If you try to take a break they will look down on you like you are weak or lazy for taking a break and they will complain about you taking a break.
On halloween (which is the busiest year for the company) i worked from 9am to 6:50pm with no break whatsoever. We also had every employee that works there working that day as it’s required for everyone to work on Halloween but still even fully staffed nobody gets breaks. That day was also my ninth day working in a row but i don’t think i’m eligible for time and a half because the nine days was split between 2 different work weeks. I did not have one day off between the nine days though. I went home completely exhausted and had a mental breakdown at a gas station after that shift.
I’ve worked there for about a year and 3 months, have been promoted to shift leader and only make $13 an hour. If i asked for a raise they would not be happy about it. I told one of the higher ups that it was my ninth day in a row and he said “only nine days?”. I also showed one of my coworkers the labor laws and how it was illegal for them to have me work almost 10 hours with no break and she just said “I used to work 12 hours with no break at my old job.”
I just feel like i’m not doing enough for work because i’m exhausted and whenever i try to tell someone about it they turn it into a compare and contrast game. When i asked my mom and her boyfriend if they get breaks at work they both said yeah it’s required for them to take breaks. All the grown adults that i know that work in actual careers that are serious like nursing etc, all get to take breaks. Even my friends that are closer in age to me that work which they mainly all work fast food some work at places like Amazon all get to take breaks. I’m embarrassed about this because i work in fast food and a lot of people claim that fast food workers are unskilled, lazy, they take the easy way out, and don’t deserve to get paid much at all.
Am i overreacting? Am i not? If anyone has an answer to those questions, advice or thoughts it would be very appreciated!!
Jobadvisor:
Disclaimer: While I can provide general information and potential courses of action, I am not a legal professional. It's crucial to consult with an attorney for personalized advice tailored to your specific situation and jurisdiction.
Your Rights and Potential Legal Recourse
Based on the information you've provided, it appears that your employer may be violating Kentucky labor laws. The law mandates specific break periods for employees, and denying these breaks could be considered a violation of your rights.
Potential Steps to Take:
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Document Everything:
- Keep a detailed record of your work hours, break times (or lack thereof), and any instances where you were denied a break.
- Document any conversations with supervisors or managers regarding breaks or other work conditions.
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Consult with a Labor Attorney:
- A labor attorney can provide specific legal advice and guidance on your rights and potential remedies. They can also help you understand the complexities of wage and hour laws.
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File a Complaint with the Kentucky Labor Cabinet:
- If you believe your employer has violated labor laws, you can file a complaint with the Kentucky Labor Cabinet's Wage and Hour Division. They can investigate your claim and potentially take action against your employer.
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Consider Collective Action:
- If other employees are experiencing similar issues, you could consider organizing a collective effort to address the problem. This could involve speaking to management as a group or filing a joint complaint with the labor board.
Remember:
- You have rights: Kentucky labor laws are designed to protect workers.
- Don't be afraid to speak up: While it may be intimidating, advocating for your rights is essential.
- Seek legal advice: A labor attorney can provide expert guidance and support.
By taking these steps, you can protect your rights and ensure that your employer complies with labor laws.