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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36939
Experience:  30 years in civil, probate, real estate, elder law
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My wife works by the hour Nashville Public Schools in the

Customer Question

My wife works by the hour for Metro Nashville Public Schools in the cafeteria. She works from 7:00 am til 1:50pm everyday. They stop her time at 1:30 pm .. Most all the time they get maybe 10-15 min lunch, and sometimes they don't get one. That is 5 days and only get paid for 30 hours. My question is should they be paid for the extra time in evening and they are taking out 30 min lunch , they don't get. Is this something I need to speak with an attorney about or the labor board. This has been going on I know for last 5 years.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.You are correct they appear to be violating Tennessee law.

State law requires that each employee 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.

Violation of this Tennessee law is considered a Class B misdemeanor. A fine of at least $100 but not more than $500 can be given to employers for each violation of the law. A civil penalty of between $500 and $1000 can also be imposed at the discretion of the Labor Commissioner if the violation is found to be willful.

Complain here.

Department of Labor and Workforce Development
Burns Phillips, Commissioner

220 French Landing Drive
Nashville, Tennessee 37243(###) ###-####/p>

- See more at: https://www.tn.gov/workforce/topic/wages-benefits-breaks#sthash.tFh6NdfL.dpuf

I think a complaint will resolve this, they will fine them and ensure they come into compliance.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Copy the union rep here too with your complaint.