Does an employer need to provide lunch break for full time employees?

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Is there a particular law in Massachusetts or a case where a Judge ruled that a company must give at least a 30 minute lunch break to employees who work 8 hours a day or more? My company says that I am too busy and can just eat while I work. However, they don't pay me for the 30 minutes each day when I am supose to get my break.

Attorney Answers

3
Michael J. BaceLitigation LawyerBoston, MAMA licensed ·
If you are required to work during your lunch break, then you are required to be paid for that time, because it is compensable working time. If that time is in excess of forty (40) in any given week, then you should be paid at an overtime rate for that time unless there is an applicable exception. If there is a violation of the wage and hour laws, you're entitled to three times the owed wages, and you can theoretically look backward in time for three years. I suggest you contact an employment attorney; most will give you a free initial consultation to evaluate the situation.
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John Mansella ·
Under MA law, you must be paid for all time under which you are working. If it's in excess of 40 hours per week, then it's overtime. Be mindful of the statutes of limitations, though. It's 3 years for regular wages and 2 years for overtime wages claims-- clock starts when the alleged violation starts. That means a lawsuit has to be filed in Court within that period or you forever and eternally forfeit any rights to relief or recovery that you may have under the law. You also must file a complaint first with the AG before you have the right to a private suit. Therefore, I recommend you consult with an Attorney immediately and without any delay. Hope this helps.
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Meghan Hayes SlackEmployment / Labor AttorneyArlington, MA ·
Here's a very straightforward answer to you question directly from the Massachusetts Attorney General's office. http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/wage-and-hour/meal-breaks.html If your employer continues to violate your rights, or does not pay you for working through your lunch breaks in the past, you should speak with an employment attorney about protecting your rights and filing a wage complaint. As added incentive for employers to comply with wage laws, workers who prevail in wage complains automatically get treble damages and attorney's fees. You can search for an attorney on or contact the Massachusetts Employment Lawyers Association for a referral
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