I am a server for a company that is forcing us to take our state mandated lunch break. More often than not I only work about 5 hours a day but sometimes we are a little busy. The problem generally arises when we are about to hit that 6 hour mark. It is impossible in my profession to schedule a break because we may get that pop and honestly I do not want my break. I would like to simply get my work done, earn as much money as possible, and go home. Even if we were to schedule breaks, I could easily miss out on $50+ because a large party came in or something. It also can occur that I have a table that is camping out and not ready to pay when I approach the 6 hour mark.
See Title 50-2-103 (h).
The employer is going to do what they want in regards to granting extra breaks and if you rock the boat you might find yourself overboard. Basically, if you are scheduled to work 6 consecutive hours the employer is required to allow (and employee must take) a 30minute unpaid break unless the job is one that by its nature allows ample opportunity for the employee to eat/rest.
Serving is one of those jobs where usually the employer has no need to allow the 30 minute break. If it is corporate then you are knocking policy in place to protect the company and should accept it or move on. If it is a small chain or local restaurant talk with the manager. If you are a good server then they want you on the floor when it is busy and maybe something can be worked out. If they won't work with you you need to decide if that location is a good fit for you. Good luck.
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