Employees working in the state of North Dakota have rights and those are protected by the Department of Labor and Human Rights. Employers also have requirements they must fulfill otherwise they run the risk of being sued or having a complaint filed against them. One thing some employers have been found guilty of doing is not providing their workers with ample breaks that, by law, should be given. Another issue many employees face is that they are “required” to take part in staff meetings and other lectures that go beyond the normal work hours and fear they will lose their job should they not comply.
If you feel your employer isn’t complying with the state’s laws or your rights are being violated, one of our employment law attorneys in North Dakota would be more than willing to sit down and discuss the issue you are experiencing. It can be rather intimidating to report an employer or go above them to a supervisor with your complaints. Many workers fear their employer will retaliate or fire them.
One of the best ways to keep your matter confidential until you are ready to take action is by consulting with a local ND labor and employment attorney. USAttorneys.com features licensed and skilled lawyers practicing in your area who are available to help you.
When is an employee required to be given a break?
In terms of breaks, any employee working beyond a five-hour shift is expected to receive a 30-minute meal break when two or more employees are on duty. Although an employee is given the right to waive their meal break, that should be decided at the discretion of the worker, not the employer. If you are entitled to a 30-minute meal break and are relieved of all your duties, employers typically won’t pay for this. But, if you are asked to do any type of work while on your break, this isn’t a true “break” and you may actually be entitled to get paid for the time you are asked to work.
Many employers will take advantage of their workers and have them perform some sort of task that still allows them to take a break to eat. Most employees aren’t aware of their rights and often lose out on their chance to relax and clear their mind for a few minutes. While it may not seem like a big deal, the more you allow your employer to take advantage, the more they will. And although you may not be dealing with this issue in particular, if you feel your boss or supervisor is mistreating you or isn’t following through with their requirements, you can exercise your rights and hire a dependable employment law lawyer in North Dakota with our help.
When are lectures and meetings not considered work?
While there are certain tasks you may have to take on in order to satisfy your work duties, you need to be aware of the fact that certain things like trainings, meetings, and similar activities aren’t considered work if they meet the following four criteria stated under North Dakota Code 46-02-07-02:
- Attendance to the event is outside of the employee’s regular working hours.
- Attendance to this activity is voluntary.
- “The course, lecture, or meeting is not directly related to the employee’s job.”
- The employee is not performing any productive work during such attendance.
Now, if you have any legal questions or concerns that need tending to, give us a call and we will connect you with one of the best ND employment and labor attorneys in your city.