Why You Should Never Keep Working During A Rest Or Lunch Break

Law Blog

Whether you're only given a lunch break or you receive additional paid breaks at work, you should never be forced to work during your break. Here are three reasons why your employer shouldn't make you work during breaks, and why you shouldn't use a break to keep working of your own will.

You're (Probably) Entitled To A Break Or Lunch Break

Federal law doesn't require full-time workers to be given lunch breaks, but many state laws do. Depending on which state you're in, you may qualify for paid rest periods (short 5-20 minute breaks), unpaid meal breaks, or both. It's important to be aware of your rights as an employee so you'll know if your employer isn't giving you the breaks you're legally entitled to.

If your state has laws in place that state you're supposed to receive a rest break or lunch break and your employer isn't giving you appropriate breaks, they're breaking the law. Don't let yourself be bullied into working during your break: the law is on your side, not theirs.

You Could Be Injured While Working During A Break

You should never work during a break whether your boss wants you to or you personally want to because injuries sustained during a break generally aren't covered by workers' compensation. It's also important to be careful and avoid injuring yourself if you go out to get your lunch, since this generally isn't covered by workers' compensation. Try this site to learn more about getting help from a lawyer when it comes to your workers compensation rights.

You're Working For Free & Letting Your Rights Be Ignored

If you spend time working during your unpaid lunch, that time will go unpaid. If your state has laws that make employers give lunch breaks, they're not allowed to make skip your lunch. If they make you work while you're supposed to be taking your lunch break, they not only have to pay you for your time but you're still eligible to take your full lunch break afterwards.

If your employer is making you work through breaks, you should contact your state's labor department immediately to report it. If your employer is found at fault, they may be penalized, and you can be sure that you'll start receiving your full breaks again. Remember, it's illegal for employers to fire you or punish you for reporting them if they're breaking the law or infringing upon your rights. Furthermore, you may have a legal case to be awarded back-pay for the breaks you worked through.


11 March 2015

injured at work? what do you do now?

Were you injured at work and fighting to get the workers compensation that you have paid into each year? Sometimes, getting those payments can be very difficult. What do you do when an employer fights the claim? Do you need a lawyer to help you through the process? How will you pay for a lawyer if you cannot even pay your electric bill? You are probably as lost as I was when I went through the process. Fortunately, you can learn from my experience with the system and find the answers to many of the questions that you have about filing a workers comp claim and fighting the system when it is denied.