Most Mass. workers entitled to meal breaks

Allowing breaks during the work day isn't just a matter of practice or what might be viewed as nice, it's the law. (ADAM BERRY/BLOOMBERG NEWS/FILE 2007)

Q. My question is in regard to lunch breaks. Is a business required to provide a lunch break to a salaried employee who is scheduled to work a nine-hour day? Is there a Massachusetts law that regulates this?

A. Breaks during the work day keep us all sane and safe. Allowing breaks during the workday isn't just a matter of practice or what might be viewed as nice. In fact, Massachusetts law does regulate meal breaks and whether employers are required to pay employees for those breaks. To help answer this question, I consulted David Conforto, founder and managing partner of Conforto Law Group, a Boston boutique firm that represents workers in employment law matters.

"Massachusetts employees who work more than six hours a day must be provided with a minimum of 30 minutes unpaid time for a meal. Employers who violate this provision are subject to fines ranging from $300 to $600 per violation," he said.

As is often the case, there are certain exceptions. The requirement, for example, does not apply to employees in specific industries: iron or glass works; letterpress establishments; and paper mills, print, bleaching, or dyeing works. Why are these industries excluded? "The attorney general retains discretion to exempt certain industries or types of work from the meal break requirement by reason of the continuous nature of the processes or of special circumstances affecting such establishments," Conforto said. As examples, emergency construction or road work projects are likely to be subject to a meal break exemption due to the continuous nature of the work required.

What about employees who eat at their desks? In some circumstances, an employer may be required to provide a paid meal break. In 1994, the attorney general's fair labor and business practices division issued an advisory opinion that elaborated on the meal break provision. According to the advisory, an employee is entitled to compensation during a meal period where the employer restricts movement. For example, employees who must remain on company premises during a meal break must receive compensation during the entire meal period.

In addition, employees who are required to perform a job function during a meal break are also entitled to compensation. Therefore, answering phones during lunch, even if it is not part of an employee's regular job functions, requires that the meal break be paid.

Q. I recently returned to the Boston area from working on an international development project in a Third World country. I am interested in finding work in a technology business. I have considerable experience managing clients and software engineers and would like to continue down this track. I have only been back for a few months and I am finding it difficult to break into the right circles and meet the right people. I am using all of my friends and family as contacts, but wonder if you have any additional suggestions or ideas about other avenues to pursue?

A. Breaking into the right circles and meeting the people who can help you further your career is all about developing your network. Tapping into the relationships of your friends and family is a great place to start. The next step in expanding your network is to get specific. Make a list of technology companies you might want to explore and take advantage of any relationships your contacts may have at these organizations. By zeroing in on a finite number of companies, you and your network are able to ask for the specific introductions you are looking for.

Make sure you ask for information about the professional associations your contacts believe would be helpful in your search, and attend these meetings. There are many industry-specific organizations, which will be valuable for you to join and to meet others in your field. The Mass Technology Leadership Council (masstlc.org) is a trade association that offers many networking opportunities. If you did your international work with an organization, make sure you look to that group for connections, contacts, and introductions as well. Your former colleagues may be able to assist you in your reentry efforts. You may also get support from others who may have returned from this kind of mission-driven work.

Don't overlook broader networking opportunities that your alma mater most likely has available to you. You can also look into general networking and job search groups like Execunet (execunet.com). Social networking sites such as LinkedIn or Facebook are also an easy way to quickly expand your circle of connections far beyond geographic boundaries. I would also suggest you contact some recruiters in your specialty area. They may be working on opportunities that are not advertised to the general public, and can share with you what is hot in the technology market.

Taking advantage of all networking opportunities and asking for those important introductions will take you closer to realizing your job search aspirations.

Q. Recently I was fired from my job for reasons I can't understand. I was taken into an office with my immediate male supervisor, and another male senior staff member. I was made to sit in a corner while this senior member flung accusations at me and gave me no specifics as to why I was being fired.

I did manage to decipher that my firing was in part due to a post I had written on a message board about a high-profile recent arrest of a former employee of a company that competes with ours. I never at any time stated where this former employee worked, nor did I state at any time where I worked. The only thing I mentioned was that this person whose identity, name, and alleged crime had been all over the local news worked in the same building as me. The firing came completely out of the blue.

Prior to this, I was an extremely popular, highly-regarded employee and was known to all as a very loyal and hard worker. It has never been any secret that the senior staff member who did most of the shouting and accusing has never liked me since the day I started working there for reasons I will never know.

I feel I was wrongfully terminated. As far as I knew, there was never a confidentiality agreement, nor any policy in place regarding this. I never signed anything. I also take issue with the fact that I was taken into an office alone with two male supervisors, made to sit in a corner, and verbally attacked for 15 minutes, and never given the opportunity to defend myself, without HR present, or another female for that matter. I spoke with the company's HR VP in the wake of all of this, and she stated that she did not know any details as to what happened and had only heard through the grapevine what it was that I did.

This all seems like a personal attack by the senior staff member, and seemingly unwarranted. If I decided to pursue my legal options, would I have a leg to stand on for wrongful termination?

A. This is quite a sequence of events, and some extreme behaviors from a full cast of characters including yourself.

These behaviors may not fall into the illegal territory, but may lead to separation from a company. You say that you were a popular, highly-regarded employee in your organization, but posting this controversial comment on a message board seems to have moved you out of that positive standing.

Though you feel this happened "out of the blue," it seems that there was a direct cause and effect based on the posting. Unfortunately, based on how the communications took place, you were not able to get information on how this posting was discovered by your employer, or how it was traced back to you. Your organization was put into a difficult position, as one of their employees, you, relayed negative information about a member of another company and a competitor.

Although you posted your comments of your own volition, it can still reflect poorly on your employer. There may have been questions of whether you were encouraged by senior management to take this aggressive posture on the Web. Regardless of your intent, your posting may have sullied your employers' reputation.

How your separation was handled was unprofessional, and I'm sure frightening. Being accused and yelled at by your manager and another senior manager is a terrible way to be treated. Employees in situations even closely resembling this situation would be well-advised to leave the room and seek out a human resources professional to represent them during the exchange. If none is available, leave the office and call human resources to discuss the situation.

In your circumstances, the human resources VP should have been able to discuss the situation fully with you and explain the actions the company was taking. Human resources decisions should be based on concrete facts, not grapevine information.

Unfortunately, you learned a difficult lesson about the Internet. It is becoming increasingly more common for people to lose their jobs due to Web-based activity even when that activity is of a personal nature. Your employer can gain access to your postings, pictures, videos, or communication on any website, including social networking pages. This can cause you more difficulty if you are using your work computer and work time to access the web.

Elaine Varelas is managing partner at Keystone Partners, a career management firm in Boston. E-mail questions to jobdoc@globe.com or mail to Job Doc, Boston Globe, PO Box 55819, Boston MA 02205-5819.