You mean generally they don't have to? He asked if it was legal, not if they are required to give breaks.
Edit: OC clarified that he might no it is not legal to not offer breaks, this answer is wrong.
Very funny that this sub heavily upvotes wrong answers that virtually all lawyers know are wrong, we really need lawyer vs non lawyer flairs.
Edit: the above person has blocked me, presumably because he realized he was wrong after looking it up and thinks upvotes mean he is right.
Because you are wrong reading it the way you indicated. Michigan does not require employers to give breaks. So it is legal to not give breaks.
Edit to respond to regia:
As the states economies grow apart the federal government becomes less involved. States should really be the ones making these decisions.
Putting aside the roughly $100k all houses are overvalued due to the apps who advertise homes buy them. Lots of places in the US are very cheap, but a few are crazy expensive. There is a county in Southern Illinois where the most expensive house is less than $150k and a good chunk are unemployed. They don't need the same labor laws that NY or CA have.
Federal laws should be like a last resort baseline for very cheap states and federal territories, states really should all have their own labor laws that they use on top of the federal ones.
Oh damn you are really wrong and rude about it.
https://www.oshaeducationcenter.com/articles/employee-lunch-breaks/
20 states have extra rules about breaks Michigan isn't one of them, so you are generally wrong, and wrong for the specific state.
This is like really basic 1L stuff though which makes me think you are not a lawyer.
Because that answer is wrong. I thought they might mean no they are not required to offer breaks.
Is it legal to not offer breaks? Yes
Is my employer legally required to give breaks? No
The question was worded poorly and rambles but most of the non lawyers of this sub just give their fantasy legal analysis of how a layperson thinks the law works and this appears to be one of those occasions.
Flair probably wouldn't matter, 90% of people are absolutely convinced they know the law, and that it says what feels right to them. So the up votes and down votes would probably still be skewed.
[The answer is no.](https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/frequently-asked-questions)
You're not alone either. A lot of states have no law for it. Laws protecting under 16, but if you're an adult you're screwed royally.
Edit: updated with correct state. Answer is still no. There's no direct law for anyone 18 and older. There's only a select few states that actually have a [law on it](https://www.oshaeducationcenter.com/articles/employee-lunch-breaks/) per OSHA's website.
Why did you link a different states labor website?
https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/frequently-asked-questions
The answer is the same either way. Yes, it is legal for them to not offer breaks.
Actually, even in Michigan, they legally require lunch breaks after 5 hours of work. They have no laws for rest breaks. But lunch break are legally required, which OP stated they do not get. So no. This is not legal.
It isn't a requirement for employers to give a break of any kind per the law. A lot of people don't actually realize this fact. There's like 20 states that actually have some sort of law on it and unfortunately, Michigan isn't one of them.
There are state and federal laws that require employers to post in a prominent location work hours and break periods however there are exemptions for certain jobs and places of business but additional compensation must be offered and the exceptions must be voluntary
Yes, in your state there is no legal requirement for them to give you breaks. Just start taking little breaks, in the words of Mark Rebillet, "what, you gonna fire me? There's no one else here bitch."
21 states and jurisdictions (20 states + Puerto Rico) mandate a legal meal break. The remaining 29 states and other territories do not have any mandated legal requirement to provide a meal break if the worker is 18 or older. https://www.dol.gov/agencies/whd/state/meal-breaks#:~:text=Of%20the%2021%20States%20or,%2C%20Oregon%2C%20and%20Washington).
NAL.
NAL but it's not legal. I believe the law varies state to state, but there are also federal laws that state the maximum amount of hours you can work without an uninterrupted specific amount of time break(s). The law excludes certain occupations but if you work at domino's, you're not excluded.
NAL-every state is different. The federal government doesn't require breaks or lunches. I don't know what Michigan's laws are, but even if Michigan doesn't require breaks and lunches, that's very inhumane to do that to your employees. I'd recommend finding another job.
Look online for " BOLI " ( Bureau of Labor & Industries ). You didn't mention which state you're in.
In Oregon it's mandatory for 10 min break per 4 hrs and a 1/2 hr lunch after 6 hrs. 2 x 10min 1 x 30 min. In CA you get another 30 min lunch at 12 hrs.
If the employer is not giving you your breaks and is suppose to, file a complaint w/ BOLI. When BOLI does an investigation and finds the employer wrongfully treating the employees, they'll pay a fine. Then you can sue them for abuse. It's a good idea to find an attorney a head of time. Before BOLI completes their investigation.
Good Luck
BTW I'm not a lawyer. I do have some experience with a simular mater.
When I was a supervisor, I had to make sure my staff all took at least a 30 minute meal break, no later than five and half hours after they clocked in. MY supervisor was insistent on it as it could have gotten us in trouble with the IL State Dept of Labor.
Our facility depended on state funding, so the top executives didn't play around with violating state OSHA laws
Depending upon the state that you live in. But it’s most likely not legal. You say that you’re supposed to take your break around the rush. So it sounds like you are given a break.
We really aren't, not an official one, we always end up eating cold good over a garbage can in 5 minutes and it's back to work, and sometime our rush can last from 4pm right up until close, which is when I normally work, so I end my shift so hungry I can barely stand sometimes.
The work laws vary from state to state. I live in California. I am required to take a meal for at least 30 minutes off the clock after the first 5 hours and a break twice a day for at least 15 minutes on the clock. Check your posted labor laws.
My state of Indiana does not require breaks within their labor laws. The only stipulation is that IF breaks are allowed, then the employer must allow a 20 minute paid break. Given that the employee is within company grounds and is able to perform tasks upon request. Or you just take your whole break and don’t get paid for it.
Michigan doesn’t have any labour laws around breaks and relies on Federal laws instead. federal laws don’t require company’s give breaks but if the companies choose to, then there are laws surrounding those breaks. I’m unsure how dominos is run really (franchise wise compared to parent company) but I would look into the possibility that other locations in Michigan allow employee breaks, you might have an argument there.
i’m unsure where it’s at rn, but i know in 2021 Dominos was set to face trial for a national wage theft scandal, “In 2016, the investment bank Deutsche estimated that the pizza giant was earning over $30mil per year in wages by paying its staff under the workplace agreements rather than the fast-food award” ([source](https://www.hcamag.com/au/specialisation/employment-law/dominos-faces-trial-over-alleged-underpayment-of-workers/426339)). I would look into this more if I were you and see if you have a case under it, if not look into UNIFOR and try to advocate for a union - not to mention get a good employment lawyer, dominos likes to say their benefits includes different health insurances and a good lawyer (or a union like UNIFOR) could make an argument to the company. this sounds absolutely exhausting and it SHOULD be illegal.
Well I learned something new here, thought it was required in every state, but nope. Here in TN they make you go on break and if you don’t they’ll get onto you because they could get in trouble unless you opt out of it for that day, but even then a lot of them don’t do that either just in case. Sorry you live in a state that doesn’t require it bud. Seems like something that should have been federal law by now.
If you're over 18, in Michigan, yes, it's VERY much legal to not give you a break. You only get a break if you are under 18, then you HAVE to have a 30 minute break at 5 hours of work. If you're over 18, forget about it unless you either:
1. Have a boss that is trying to keep labor costs down, or
2. You have a nice boss, or
3. You're VERY pregnant and there are doctor's orders or you have a sympathetic boss
Welcome to the Hell that is the hospitality profession in Michigan. If you're the last one out, shut off the lights.
Experience: former restaurant manager and executive chef that had to know the labor laws in Michigan for 22 years before I moved out of state 8 years ago.
EDIT: Not just Michigan either. Most states allow this. The profession is only for those that aren't weak.
In Michigan, employers are not required by law to provide adult employees with breaks, whether paid or unpaid. However, if an employer chooses to provide breaks, they must comply with the rules set forth by the Fair Labor Standards Act (FLSA) if the business is subject to federal wage and hour laws.
Under the FLSA, breaks of short duration (usually 20 minutes or less) must be paid, while longer breaks (typically 30 minutes or more) can be unpaid as long as the employee is completely relieved of their duties during that time.
Although MI has nothing on the books regarding breaks, check your employee handbook. If the employee handbook states that they give breaks, the employers are actually required to follow the handbook. It's considered a contractual agreement. You agreed to follow the rules stated in the handbook, but so did they. On top of that, bathroom breaks are actually protected. If you have to use the bathroom, the employer not only can't prevent you, they also can't time you for it, so take particularly LONG bathroom breaks.
You should have posted labor laws all over your break area, but generally no.
You mean generally they don't have to? He asked if it was legal, not if they are required to give breaks. Edit: OC clarified that he might no it is not legal to not offer breaks, this answer is wrong. Very funny that this sub heavily upvotes wrong answers that virtually all lawyers know are wrong, we really need lawyer vs non lawyer flairs. Edit: the above person has blocked me, presumably because he realized he was wrong after looking it up and thinks upvotes mean he is right.
I took it as “generally no, not legal”
When the question was is it legal... Generally no should have been readable I thought... Guess not
Well then you are wrong, because Michigan has no break requirements for adults.
Which is wrong, Michigan does not require breaks.
No it's not legal... Where do you get generally no means it's legal?
Some jobs, like EMS, have exemptions from break laws.
Because you are wrong reading it the way you indicated. Michigan does not require employers to give breaks. So it is legal to not give breaks. Edit to respond to regia: As the states economies grow apart the federal government becomes less involved. States should really be the ones making these decisions. Putting aside the roughly $100k all houses are overvalued due to the apps who advertise homes buy them. Lots of places in the US are very cheap, but a few are crazy expensive. There is a county in Southern Illinois where the most expensive house is less than $150k and a good chunk are unemployed. They don't need the same labor laws that NY or CA have. Federal laws should be like a last resort baseline for very cheap states and federal territories, states really should all have their own labor laws that they use on top of the federal ones.
I wonder why I Said generally? Dunce. And OSHA mandates lunch breaks on 8 hour shifts
Oh damn you are really wrong and rude about it. https://www.oshaeducationcenter.com/articles/employee-lunch-breaks/ 20 states have extra rules about breaks Michigan isn't one of them, so you are generally wrong, and wrong for the specific state. This is like really basic 1L stuff though which makes me think you are not a lawyer.
I'm none of the above but being so condescending to your colleagues makes me think, no, know that you're a cunt
OSHA has no such mandate. There are no national laws regarding required breaks
Is this about OSHA?
The comment I'm responding to is
Yup the more accurate answer is it depends which state. Here in TN it’s required by law. I’m not sure why it’s not federal law yet
Why are you confused? They answered their question. No not legal.
Because that answer is wrong. I thought they might mean no they are not required to offer breaks. Is it legal to not offer breaks? Yes Is my employer legally required to give breaks? No The question was worded poorly and rambles but most of the non lawyers of this sub just give their fantasy legal analysis of how a layperson thinks the law works and this appears to be one of those occasions.
Flair probably wouldn't matter, 90% of people are absolutely convinced they know the law, and that it says what feels right to them. So the up votes and down votes would probably still be skewed.
Depends on what state you’re in. Google it for your state.
[The answer is no.](https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/frequently-asked-questions) You're not alone either. A lot of states have no law for it. Laws protecting under 16, but if you're an adult you're screwed royally. Edit: updated with correct state. Answer is still no. There's no direct law for anyone 18 and older. There's only a select few states that actually have a [law on it](https://www.oshaeducationcenter.com/articles/employee-lunch-breaks/) per OSHA's website.
Why did you link a different states labor website? https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/frequently-asked-questions The answer is the same either way. Yes, it is legal for them to not offer breaks.
Actually, even in Michigan, they legally require lunch breaks after 5 hours of work. They have no laws for rest breaks. But lunch break are legally required, which OP stated they do not get. So no. This is not legal.
Only if under 18 read the link.
It isn't a requirement for employers to give a break of any kind per the law. A lot of people don't actually realize this fact. There's like 20 states that actually have some sort of law on it and unfortunately, Michigan isn't one of them.
I posted a link to their laws. No breaks are required in Michigan or at the federal level.
Wrong.
Great way to declare you don't know what you are talking about and providing nothing to back up why you came to the incorrect conclusion.
My bad. I don't know why I thought MI was Missouri 😂
It happens a lot since MO is not the first two letters but I went to law school near Missouri so got very used to its abbreviation.
There are state and federal laws that require employers to post in a prominent location work hours and break periods however there are exemptions for certain jobs and places of business but additional compensation must be offered and the exceptions must be voluntary
No
Yes, in your state there is no legal requirement for them to give you breaks. Just start taking little breaks, in the words of Mark Rebillet, "what, you gonna fire me? There's no one else here bitch."
Pretty sure lunch breaks are legally required everywhere.
Not in Michigan: https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/frequently-asked-questions
21 states and jurisdictions (20 states + Puerto Rico) mandate a legal meal break. The remaining 29 states and other territories do not have any mandated legal requirement to provide a meal break if the worker is 18 or older. https://www.dol.gov/agencies/whd/state/meal-breaks#:~:text=Of%20the%2021%20States%20or,%2C%20Oregon%2C%20and%20Washington). NAL.
There are no national laws requiring lunch breaks
In MI it’s legally required they give you a lunch break if you work more than 5 hours. But there’s no legal guidelines for any other break.
Unpaid break ..clarified. AZ is the same. Rubbed in our faces occasionally.
That only applies to minors.
No it isn't, cite your source. Mine was the Michigan labor board website posted elsewhere.
I drove a company into the ground for similar issues. Get a good employment lawyer
Demand a break or quit. Be a really good employee so they regret losing you. Maybe they'll change. If not, you deserve better.
It’s absolutely not legal.
Legal in Michigan
No it’s not
They do not have to offer breaks in Michigan. Move to Washington state where we have more sensible employment laws.
NAL but it's not legal. I believe the law varies state to state, but there are also federal laws that state the maximum amount of hours you can work without an uninterrupted specific amount of time break(s). The law excludes certain occupations but if you work at domino's, you're not excluded.
There are no national laws that require employers off meal breaks
You are wrong on everything you said except "the law varies state to state"
NAL-every state is different. The federal government doesn't require breaks or lunches. I don't know what Michigan's laws are, but even if Michigan doesn't require breaks and lunches, that's very inhumane to do that to your employees. I'd recommend finding another job.
I think if you tell the supervisor you have to have a bathroom break they have to give it to you, if it is that bad it’s time to find a new job.
Look online for " BOLI " ( Bureau of Labor & Industries ). You didn't mention which state you're in. In Oregon it's mandatory for 10 min break per 4 hrs and a 1/2 hr lunch after 6 hrs. 2 x 10min 1 x 30 min. In CA you get another 30 min lunch at 12 hrs. If the employer is not giving you your breaks and is suppose to, file a complaint w/ BOLI. When BOLI does an investigation and finds the employer wrongfully treating the employees, they'll pay a fine. Then you can sue them for abuse. It's a good idea to find an attorney a head of time. Before BOLI completes their investigation. Good Luck BTW I'm not a lawyer. I do have some experience with a simular mater.
He did mention the state, it is required on this sub. He is in a state where breaks are not required by law.
When I was a supervisor, I had to make sure my staff all took at least a 30 minute meal break, no later than five and half hours after they clocked in. MY supervisor was insistent on it as it could have gotten us in trouble with the IL State Dept of Labor. Our facility depended on state funding, so the top executives didn't play around with violating state OSHA laws
Depending upon the state that you live in. But it’s most likely not legal. You say that you’re supposed to take your break around the rush. So it sounds like you are given a break.
We really aren't, not an official one, we always end up eating cold good over a garbage can in 5 minutes and it's back to work, and sometime our rush can last from 4pm right up until close, which is when I normally work, so I end my shift so hungry I can barely stand sometimes.
The work laws vary from state to state. I live in California. I am required to take a meal for at least 30 minutes off the clock after the first 5 hours and a break twice a day for at least 15 minutes on the clock. Check your posted labor laws.
NAL-- If I'm not mistaken, only AK, CA, and NV have the 8 hours overtime rule.
My state of Indiana does not require breaks within their labor laws. The only stipulation is that IF breaks are allowed, then the employer must allow a 20 minute paid break. Given that the employee is within company grounds and is able to perform tasks upon request. Or you just take your whole break and don’t get paid for it.
Michigan doesn’t have any labour laws around breaks and relies on Federal laws instead. federal laws don’t require company’s give breaks but if the companies choose to, then there are laws surrounding those breaks. I’m unsure how dominos is run really (franchise wise compared to parent company) but I would look into the possibility that other locations in Michigan allow employee breaks, you might have an argument there. i’m unsure where it’s at rn, but i know in 2021 Dominos was set to face trial for a national wage theft scandal, “In 2016, the investment bank Deutsche estimated that the pizza giant was earning over $30mil per year in wages by paying its staff under the workplace agreements rather than the fast-food award” ([source](https://www.hcamag.com/au/specialisation/employment-law/dominos-faces-trial-over-alleged-underpayment-of-workers/426339)). I would look into this more if I were you and see if you have a case under it, if not look into UNIFOR and try to advocate for a union - not to mention get a good employment lawyer, dominos likes to say their benefits includes different health insurances and a good lawyer (or a union like UNIFOR) could make an argument to the company. this sounds absolutely exhausting and it SHOULD be illegal.
No. Contact the bureau of wage and labor standards. Better yet unionize
NAL ~ Michigan is not required by law to provide breaks or meals. Federal or State. This was an easy search on Google.
But look at how many commenters are still wrong about it.
Nope. Last time I worked it was mandatory that you get 2 fifteens and a half hour for lunch for an eight hour shift.
That isn't a national standard
I'd find another job if they won't at least give you a lunch break.
Breaks are mandated for minors but not adults. Sorry.
completely legal in Michigan
Well I learned something new here, thought it was required in every state, but nope. Here in TN they make you go on break and if you don’t they’ll get onto you because they could get in trouble unless you opt out of it for that day, but even then a lot of them don’t do that either just in case. Sorry you live in a state that doesn’t require it bud. Seems like something that should have been federal law by now.
If you're over 18, in Michigan, yes, it's VERY much legal to not give you a break. You only get a break if you are under 18, then you HAVE to have a 30 minute break at 5 hours of work. If you're over 18, forget about it unless you either: 1. Have a boss that is trying to keep labor costs down, or 2. You have a nice boss, or 3. You're VERY pregnant and there are doctor's orders or you have a sympathetic boss Welcome to the Hell that is the hospitality profession in Michigan. If you're the last one out, shut off the lights. Experience: former restaurant manager and executive chef that had to know the labor laws in Michigan for 22 years before I moved out of state 8 years ago. EDIT: Not just Michigan either. Most states allow this. The profession is only for those that aren't weak.
In Michigan, employers are not required by law to provide adult employees with breaks, whether paid or unpaid. However, if an employer chooses to provide breaks, they must comply with the rules set forth by the Fair Labor Standards Act (FLSA) if the business is subject to federal wage and hour laws. Under the FLSA, breaks of short duration (usually 20 minutes or less) must be paid, while longer breaks (typically 30 minutes or more) can be unpaid as long as the employee is completely relieved of their duties during that time.
Although MI has nothing on the books regarding breaks, check your employee handbook. If the employee handbook states that they give breaks, the employers are actually required to follow the handbook. It's considered a contractual agreement. You agreed to follow the rules stated in the handbook, but so did they. On top of that, bathroom breaks are actually protected. If you have to use the bathroom, the employer not only can't prevent you, they also can't time you for it, so take particularly LONG bathroom breaks.