Meal Break for a Recent Grad

Q: I started a new job recently. I graduated from college in May, 2014. I want to make a good impression. During my interview, I was told that hard work, being flexible and having a good attitude was important. I am trying really hard to do all of this! I do question one thing though. Others get a lunch hour and are able to do an errand, eat lunch or make phone calls. I was told that I should spend my lunch hour covering for the receptionist. I eat my lunch at the front desk. I must bring my lunch since I don't have the same flexibility as others. Sometimes I need to run quick errand or make a call. This doesn't seem fair that others get lots of freedom and I don't. What are your thoughts?

A: You have good instincts! Not only is this unfair but it sounds like it could be illegal. In Massachusetts, employers must provide a 30-minute meal break when an employee works six consecutive hours in a single shift. Assuming you are full-time and work six hours or more in single work day, you should be given a 30-minute meal break during your work day. The 30-minute meal break cannot be broken up into smaller chunks of time (e.g. two fifteen-minute breaks) and still comply with the law. An employee can voluntarily waive this meal break, but it sounds like you would like this meal break! In Massachusetts, employers can must allow employees to be free of handling work-related tasks and employees must be able to leave the work premises during this break. Also, the meal break can be unpaid since it is not time actually worked.

If my assumptions above are true, I would suggest talking to your supervisor. Explain that you are more than willing to help out covering the front desk, but that a meal break would give you a true break during the day. Hopefully your supervisor will understand. You can also explain that it is difficult seeing everyone else leave during the day when you don't enjoy the same break. If your supervisor still seems resistant, I would suggest sharing that your understanding is that a 30-minute meal break is the law after working six hours.

For more information, visit http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/wage-and-hour/meal-breaks.html.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Meal breaks for part-timers in Massachusetts

Q: I am a part-time employee who works about 20 hours per week in an office. I work five days per week and I usually arrive at 10am and work until about 2:30pm. All of my colleagues leave for lunch around noon and return back at around 1pm. I do not get a lunch break even though I am there at noon. I have asked my supervisor several times because this seems unreasonable to me. At my last job, I was eligible for a lunch break. I would prefer to get an hour and work later. Can I request that?

A: In Massachusetts, there are laws which govern meal breaks within the workplace. Employees must receive a 30-minute meal break after working six continuous hours. During this meal break an employee should be able to leave the workplace. An employee can voluntarily decide to work through a meal break but then this period of time must be compensated. Meal breaks are most often unpaid. There are some exceptions to this meal break law but they are limited. The exceptions include employees working within certain industries where it would be difficult to disrupt a specific process like dyeing clothes or printing newspapers.

From what you have shared, it sounds like your regular schedule is less than six hours per day. You may have been hired to cover lunch breaks to enable your fellow employees to leave the workplace with minimal disruption to your employer's office. You are probably not legally eligible for a meal break based on your current schedule. You can request a meal break but that does not mean your request will be honored. If you work longer days on occasion, you should be given a meal break if you are working more than six hours in a single work day.

For more information about how the meal break laws work in Massachusetts, visit http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/wage-and-hour/meal-breaks.html.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. Click here to read about more employment topics in The Job Doc Blog at Boston.com.

Job Doc blog - February 7, 2011 - Meal breaks

Meal breaks -- what are the rules in Mass?