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Bioshock4242

Are there any exceptions to the break laws in Tennessee?

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Tennessee law says that anyone who works 6 or more hours is due a 30 minute lunch. Are there any exceptions to this? I am an exempt salaried Assistant Manager at a grocery store. On nights that I close, I can not take a lunch because I am the only one in the store authorized to do certain things. My district manager still wants me to clock in and out for a lunch though so it appears i am still taking them. Don't get me wrong, I am not going through a whole 10 hour shift without eating. I will eat a bite when I get a chance, but I don't feel like this replaces a real 30 minute lunch. This is his logic though. If I am getting a chance to eat, I am getting a lunch.

So, that's basically my question. Are exempt salaried managers in Tennessee still entitled a 30 minute break?

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Hi @Bioshock4242

 

Welcome to the community and thanks for posting! Looks like pg1067 was able to point you in the right direction. Tennessee Code Title 50-2-103(h) sets forth the exceptions to the 30 minute meal break requirement. Essentially, a person employed principally in the service of food or beverage and who receives tips can waive the 30 minute meal break (at the discretion of the employer). From your description of the facts, it does not sound like your position qualifies under this exception, nor have you expressly waived your break.

 

The FindLaw.com Team

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