At 58 and with several decades of middle management experience at two
Fortune 500 companies, I found myself out-placed and had to take a
sales clerk job at a large national convenience store chain.  I am
disturbed to learn, despite worker policies in the previous large
manufacturing companies, that during the eight-hour shift now, in this
convenience store, no breaks, other than bathroom breaks, are allowed
– no rest break, no meal break whatsoever.  In fact we are told we are
to be moving at all times or risk being fired on the spot.  Waiting on
customers, cleaning the store, stocking shelves, and doing all the
other job assignments is rather tiring over such a long shift with no
break. This is all standing and no sitting whatsoever.

My question is: is this policy legal.  Are there laws or regulations,
Federal or state, (this is in Virginia) which protect workers in this
situation?  If not are there any resources that might help here – for
example a national union that would take an interest in this or a
governmental agency that might take notice?

(I'm sorry that I can only offer $4.00 - but my finacial situation is
not so good anymore)

Dear amsterdam, 

I'm very sorry your employer is not taking your comfort and well-being
into consideration while you're working.  It clearly doesn't make you
happy to be employed there.

Unfortunately, this poor treatment is legal, and you have little
recourse under either state or federal laws.

The Federal Fair Labor Standards Act covers many aspects of
employment.  However, according to the FLSA Advisor, the act does
*not* mandate:

1) vacation, holiday, severance, or sick pay;
(2) meal or rest periods, holidays off, or vacations;
(3) premium pay for weekend or holiday work;
(4) pay raises or fringe benefits;
(5) a discharge notice, reason for discharge, or immediate payment of
final wages to terminated employees; and
(6) pay stubs or "W-2"s.

These are left up to the individual states.

FLSA Advisor - "What the FLSA does not require."
[ http://www.elaws.dol.gov/flsa/screen6.asp ]

There is a walkthrough explaining the FLSA here:

FLSA Advisor
[ http://www.dol.gov/elaws/flsa.htm ]

Rest periods are only *required* by the following states:

California
Colorado
Kentucky
Minnesota
Nevada
Oregon 
Washington

US Department of Labor - Minimum Rest Period Requirements Under State
Law For Employees in Private Sector
[ http://www.dol.gov/esa/programs/whd/state/rest.htm ]

Meal breaks are only *required* in the following states:

California
Colorado
Connecticut
Delaware
Illinois
Kentucky
Maine
Massachussetts
Minnesota
Nebraska
Nevada
New Hampshire
New York
North Dakota
Oregon
Rhode Island
Tennessee
Washington
West Virginia
Guam
Puerto Rico

US Department of Labor - Minimum Length of Meal Period Required Under
State Law For Employees in Private Sector
[ http://www.dol.gov/esa/programs/whd/state/meal.htm ]

There may be help for you and your fellow employees, however, if
you're all willing to unionize.  It can be a tough process, but can
also have great benefits, including improvement in working conditions.

Employees of retail food stores (including grocery and convenience
stores) often turn to the United Food and Commercial Workers Union
(UFCW), an international union affiliated with the AFL-CIO.

The UFCW explains member benefits and how to get a union for your
place of employment here:

UFCW - Open the Door to a Better Future 
[ http://www.ufcw.org/getaunion/page.cfm?subsection_id=67 ]

You can also review the entire UFCW site, to see if a union is right
for you, by starting here:

United Food And Commercial Workers Union
[ http://www.ufcw.org/home/ ]

Good luck, amsterdam.  I hope this helps you!

Warm regards,

missy-ga

Thanks for a very useful and complete answer - I apologize for taking
so long to add a rating.

You might find this site of some use: http://www.retailworker.com/

Labor News - by, for and about retail employees

I've lived and worked in three states, but all have been among those
that require breaks.  I had thought they were a federal right; I'm
appalled they are not!  I have a hard time believing that such working
conditions would be permitted.