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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15657
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Are we entitled to two 15 minute breaks during an 8 hour work

Customer Question

Are we entitled to two 15 minute breaks during an 8 hour work day?
Submitted: 2 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 2 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification. 

wallstreetesq. :

Under Ohio law the employer is not required to give lunch or restroom breaks. However, if the employee is under 18 years of age, an employer is required to give the employee a half hour break for every 5 hours worked.

wallstreetesq. :

In terms of restroom breaks, that is also regulated by OSHA,

wallstreetesq. :

In 1998 OSHA interpreted a portion of its Sanitation Standard to require employee restroom access during the workday.

wallstreetesq. :

There are only 7 states (as of February 2006: California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon and Washington) that have laws requiring that employers give their employees rest breaks

wallstreetesq. :

There are only 19 states (as of February 2006: California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Massachusetts, Minnesota, Rhode Island, Tennessee, Washington, and West Virginia; plus Guam and Puerto Rico) that have laws requiring employers to give their employees meal breaks.

wallstreetesq. :

The Occupational Safety and Health Administration (OSHA) regulations which require employers to provide adequate bathroom facilities, and prevent employers from imposing "unreasonable restrictions" on bathroom use. The intent of these regulations is that employees are able to use bathroom facilities promptly, recognizing that the frequency of bathroom visits necessary may vary among employees, depending on factors such as the temperature, medical conditions and the effects of medication, and fluid intake.

Customer :

Where could I have obtained this information without paying $58?

wallstreetesq. :

If you and the othr employees are denied access to use the restroom then you should file an OSHA complaint.

wallstreetesq. :

other,

wallstreetesq. :

I understand your frustration, however, the law in Ohio, limits employees rights in the workplace,

wallstreetesq. :

Unless you are part of a Union or have an employment contract that allows for breaks, their is little legal action you can take, except for potential OSHA violations for the restroom access.

wallstreetesq. :

Even the FLSA, which regulates all US workers, does not force employers to provide any lunch or rest breaks to their employees.

Customer :

Thank you for your answer. How could I have obtained this info without paying $58?

wallstreetesq. :

They only state employers have to pay overtime for work after 8 hours.

wallstreetesq. :

If you have any further questions please do not hesitate to ask.

Customer :

If I have more questions in the future, will I be able to get them answered without repaying the $58?

wallstreetesq. :

Yes, you can ask for wallstreet esq., and follow up on this question without being charged again.

wallstreetesq. :

Unless you would be willing to start a Union, which is possible, then your rights as an employee is limited to the employers whims.

wallstreetesq. :

If you have any further questions please do not hesitate to ask.

wallstreetesq. :

If satisfied with our service please provide us with positive feedback. Thank you.

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