Add Comment Question: Employer says they have a right to schedule my 30 minute break, and as such they can schedule it 6,7, or 8 hours after my start time so that it won't effect business needs. They state that I am not allowed to demand to take my break after I've worked 5 hours and it's grounds for insubordination. Answer: You are legally entitled to an unpaid 30 minute break for every 5 hours of work. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.