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MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6133
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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I work at Tosh Farms, Henry TN. I have been made to work 18

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I work at Tosh Farms, Henry TN. I have been made to work 18 days 7 days a week 12 hours a day with no break at all during this period. I'm having to eat when i can while i work. Not a sit down and eat but when I get a chance to while im working. Is this legal under tennessee state agriculture laws?
Submitted: 6 years ago.
Category: Employment Law
Expert:  MDLaw replied 6 years ago.
What is your specific job title and job duties?
Customer: replied 6 years ago.
Feed Mill Operator
Expert:  MDLaw replied 6 years ago.
Under TN employment law, employees scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only. There are no State or Federal requirements for additional breaks. The Federal Law does require breaks of less than 30 minutes in duration to be paid if the employer chooses to grant such breaks. (Title 50-2-103(h) of TN law)

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Customer: replied 6 years ago.

it says except in workplace enviorments that by their nature of buisness provides for ample oppurtunity to rest or take an appropriate break. does my job description fall under this? I am a feemill operator. I have to eat when i can with no time away from work. i am constanly working while I eat.

Expert:  MDLaw replied 6 years ago.
You would have to tell me more about you do. What that clause means is that if your job is one in which you are not working non-stop and have time to rest, then the break is not required. If you are working in a position where you can't stop at all, then the break is required.
Customer: replied 6 years ago.
I run a control board that makes the feed. I have two guys under me that i have to keep busy. Meanwhile I load trucks and dump feed into to the system by hand. When things breakdown i have to fix them. I go 90 mph all night. When i eat, while im working, 90 percent of the time i dont get to finish it in one sitting cause of having to do one of the jobs above
Expert:  MDLaw replied 6 years ago.
In that case, you would be entitled to a break as per the TN law. You can report your employer to the TN Dept of Labor for noncompliance.

Please let me know if this answers your question. If it does not, feel free to ask me for clarification. If it does answer your question, please remember to hit the ACCEPT button as that is the only way that we experts get compensated for taking the time to research and respond to your questions.
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