The company I work for runs twelve hour shifts. They allow you to take two ten minute breaks and a twenty minute break throughout each shift. The catch is though, if you don't get ahead of schedule you can not take your breaks. Every day I come into work, I have no idea if I will be able to take break or not. It is entirely possible you can end up working a twelve hour shift with little to no breaks. I am not the only one who experiences this outlandish problem. Do I have potential legal action?

First off we need to know where you are so we know what laws apply.

No federal requirement but some states have requirements. If an employer offers breaks they are required to pay the employee for the tone under specific circumstances but whether to give the breaks is optional at the federal level. Again, state laws can require more and vary.

I have the same problem where I work. I'm a labor and delivery nurse working 12 hour night shifts. If women would stop having babies, maybe I could take a break every once in a while. I also float to the ER every once in a while. Last time I took a break during a patient having a heart attack I got written up. (note the sarcasm).

Really? You have no legal action. If you don't have your work done as expected you work through your break. This might teach you to work more efficiently.

I'm in Ohio

Ohio does not require employers to provide breaks, including lunch breaks, for workers eighteen (18) years old or older. An employer who chooses to provide a break in excess of twenty (20) minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks twenty (20) minutes or shorter typically must be paid.

Ohio – Wage and Hour Laws | Employment Law Handbook

Now that this is answered, I am curious. In another post you said you had a good, well paying job. Is that true, or do you just have a reasonable paycheck for a 60 hour week (or do you work less than 5 days)? We all know where you spend a lot of what you make. Is it worth this grueling existence?

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Originally Posted by joypulv

Now that this is answered, I am curious. In another post you said you had a good, well paying job. Is that true, or do you just have a reasonable paycheck for a 60 hour week (or do you work less than 5 days)? We all know where you spend a lot of what you make. Is it worth this grueling existence?

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It pays very well but rather it's good or not is kind of subjective. I wouldn't call it good, it's 3rd shift ad very strenuous and if it wasn't for the high wage I wouldn't be there. I work less than five days a week. 36 one week and 44 the next. Regardless of where I'm spending the money I'd still be working there. Spending money on her though is worth it in my book,r and it's looking like I may get to start spending time with her outside of that place anyway.

If you work more efficiently, you can take the break. Improve yourself before claim.