Legal to have one employee?
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Legal to have one employee?
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I am wondering if it is legal for a retail clothing store in MA to have just one employee in each store. Alone for eight hours, no help. The stores are all around 7000 sq feet. It is not a corporation, its a small business with one owner who, because of financial problems, laid off all employees except the one manager in each store. Any info regarding this would be appreciated.
Additional Details
there is noone coming to cover breaks. they are all salary paid managers.
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Bub
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I would think it would be legal, maybe not good business, or smart, but legal. Unless that employee had something in their contract that precluded it? |
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mama_sayed
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Yes, it is legal. Just because someone owns a business doesn't mean he has to hire (or retain) more employees than he thinks he needs. The law does specify that an employee be given breaks and lunch time, but if he gives those, he can legally extend store hours to cover that extra time. |
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jobbend
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Generally,
An employer, because of the nature of the work is not able to relieve an employee completely from their duties is required to pay for any "breaks" that are not really being taken.
Below is straight from the FLSA website:
Typical Problems
Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty.
Where to Obtain Additional Information
For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. |
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missy8675
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i dont think they can tell you how many employees you have to have, but my concern would be if there is only one person for eight hours they legally have to take a half hour lunch and two fifteen minute breaks for the labor laws so who watches the store while they are on break |
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