Cleveland, TN asked in Business Law and Employment Law for Tennessee

Q: I have worked for a small business and in 3.5 years I have never been given a lunch break for any shift 6 hours or more.

I am currently the manager of a privately owned retail store (one of 8 locations) and I know that the owners do not authorize lunch breaks. I do not know enough of the law regarding this subject and fear being fired if I approach the owners about it. My place of business is a retail store in a mall in Tenn. I close the store 5 - 6 nights a week from the hours of 3-9:30(and most of the time I am there earlier than 3) and for my shift I am alone on the job. I am unable to shut sown the store for a break as the store would be subject to fines by the mall.

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: There are wage/hour regulations but many small businesses are exempt. I suggest your try to contact the Tennessee department of labor- ( try TN.gov). You are right to be fearful for your job, because if you don't have a written contract of employment, they can let you go at anytime and it might be hard to prove that their reason for firing you was complaint about excessive hours. As a result, maybe your should remain anonymous and just report the violations: maybe that will cause the State to investigate and perhaps get things changed. hope this helps.

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