Expert: D. Norkus - 7/31/2007

Question
I don't know if you are the right person to ask...
I work for a small charter airline. I'm a flight follower, I get paid salary. However, I work between 7-13 hr days. Am I supposed to get a break/lunch? Because I'm not getting anything. And am a little nervous to ask my employer as I've only been here just over just under 4 months.
Can you help me?

Answer
Danielle

You most certainly should be getting breaks and lunches working 7-13 hour days. If it's not a full shift, you hould get at least a break if they don't give you a lunch. I don't know your location, so that may affect the law where you are, but an 8 hour shift should have a 30 minute lunch and two 15 min breaks.

For example, I live in California and when I worked a ground based job (pilot work rules are covered by the Railway Labor Act), this was the law regarding breaks:

"512.  (a) An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and
employee.  An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.
 (b) Notwithstanding subdivision (a), the Industrial Welfare Commission may adopt a working condition order permitting a meal period to commence after six hours of work if the commission determines that the order is consistent with the health and welfare
of the affected employees.
 (c) Subdivision (a) does not apply to an employee in the wholesale baking industry who is subject to an Industrial Welfare Commission Wage Order and who is covered by a valid collective bargaining agreement that provides for a 35-hour workweek consisting of five
seven-hour days, payment of 1 and 1/2 the regular rate of pay for time worked in excess of seven hours per day, and a rest period of not less than 10 minutes every two hours."

If you live in the USA, I suggest you contact the state labor board near you for specific laws in your location.

Hope this helps,
Dottie