Why does my employer not give breaks for an 8-16 hour shift and never once posted a required labor law poster in my workplace

Asked 11 months ago - Smyrna, TN

I work security in a foreign trade zone in Tennessee, and I have noticed several things that I find quite unusual about the company I work for. Does being In a foreign trade zone nullify state labor laws? because, we are often required to work up to 16 hours shifts without being given a break. The reasoning my supervisor gives is that in Title 50-2-103(h) states "...except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. "

What constitutes "ample opportunity" because at my post we are often so occupied with our responsibilities that we can not even use the bathroom for hours at a time.

also Tennessee state law requires that certain posters be posted in a prominent area and I have never once seen said poster

Attorney answers (2)

  1. Scott P. Batey

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . You should consult with a competent labor attorney about filing a case under the fair labor standards act ("FLSA"). Under the FLSA, an employer is required to give its employees two 15 minute breaks and one 30 minute break every shift unless the exempted from the act.

  2. Kristin Janine Fecteau

    Contributor Level 3

    Answered . No, they are not exempt. You can contact the Dept of Labor directly and report their violations. No now should be forced to work under such conditions!

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