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Started By
Message
OT lawyers: Is it legal to make someone go on a break?
Posted on 1/12/17 at 9:22 pm
Posted on 1/12/17 at 9:22 pm
Someone I know is working part time in a restaurant. When it's slow the manager will make her clock out and "go on break" until it gets busy again, so she doesn't get paid any time it's not busy. Can they legally make her go on break until they need her again and then clock her back in? I would think it's not illegal, but I'd quit anyway if someone was pulling that on me.
ETA: also, sometimes she'll get there on time and it won't be busy enough. So they'll make her wait around at the restaurant for an hour to clock in until they "need her"
ETA: also, sometimes she'll get there on time and it won't be busy enough. So they'll make her wait around at the restaurant for an hour to clock in until they "need her"
This post was edited on 1/12/17 at 9:25 pm
24
Posted on 1/12/17 at 9:23 pm to Ingeniero
Perhaps you should have your friend ask an attorney and not have you ask a message board?
Posted on 1/12/17 at 9:24 pm to Ingeniero
Not legal at all.
Posted on 1/12/17 at 9:25 pm to Ingeniero
Find a woman that doesn't complain about her job.
Posted on 1/12/17 at 9:25 pm to Ingeniero
Interesting. Need pics of this broad to properly advise,
Posted on 1/12/17 at 9:25 pm to Ingeniero
You're going to need to give more specifics of the situation.
You can start by supplying pics of said employee.
You can start by supplying pics of said employee.
Posted on 1/12/17 at 9:25 pm to Ingeniero
quote:
ne I know is working part time
Part time means not all the time. I'll allow it
Posted on 1/12/17 at 9:25 pm to Ingeniero
Quit that job.... whether it is "legal" or not any employer that is that much of a cheap fricker isn't worth the hassle of fighting about it
Posted on 1/12/17 at 9:26 pm to Ingeniero
Posted on 1/12/17 at 9:26 pm to Ingeniero
Restaurant work ethics are sketchy as frick. The managers/owners know that they can do whatever they want as, for the most part, their staff cannot afford to take them to court.
TL;Dr
They're are plenty of other places hiring
TL;Dr
They're are plenty of other places hiring
Posted on 1/12/17 at 9:26 pm to Ingeniero
It's shitty, but I doubt it's illegal.
I'd find another restaurant, his I gonna shut down within the year anyway.
I'd find another restaurant, his I gonna shut down within the year anyway.
Posted on 1/12/17 at 9:26 pm to O
quote:
Perhaps you should have your friend ask an attorney and not have you ask a message board?
The OT is my go to for legal advice and to find out if something's trashy or not. I already know working in a restaurant is trashy so I didn't include that question
Posted on 1/12/17 at 9:27 pm to Ingeniero
IWHI
Posted on 1/12/17 at 9:28 pm to Ingeniero
She doesn't need an attorney, just call the department of labor.
Posted on 1/12/17 at 9:28 pm to Ingeniero
You are on the premise of the workplace. Part time or not, they cannot force you to take breaks for the dowtime periods of the workday. Not not legal.
Posted on 1/12/17 at 9:29 pm to Ingeniero
quote:
Can they legally make her go on break until they need her again and then clock her back in? I would think it's not illegal, but I'd quit anyway if someone was pulling that on me.
Federal labor law says that if you're required to be available to work during "lunch", you must be paid for that time. In other words, you cannot have an on-call lunch period. She should talk to an attorney that specializes in labor law if it is that big of a deal.
ETA: Calling the Department of Labor is a damn good idea too.
This post was edited on 1/12/17 at 9:31 pm
Posted on 1/12/17 at 9:53 pm to slackster
Be sure to call the labor department before January 20th
Posted on 1/12/17 at 10:05 pm to Ingeniero
If you are to work enough hours in a shift that requires break time, they can reasonably proclaim when the break(s) occur.. if you are still on duty during that time and not free to leave then you are to be paid for that time.. they can also cut hours if you are not under a contracted time per period..
Posted on 1/12/17 at 10:08 pm to Ingeniero
quote:
also, sometimes she'll get there on time and it won't be busy enough. So they'll make her wait around at the restaurant for an hour to clock in until they "need her"
Not legal without some sort of on call pay while waiting on the premises
This post was edited on 1/12/17 at 10:24 pm
Posted on 1/12/17 at 10:12 pm to Ingeniero
The owners sound awful. My wife worked at a restaurant with cheap arse owners. They would cut every corner possible and one of them had a temper tantrum when someone would even spill some ketchup.
Tell your friend to get out. There's always stripping to fall back on.
Tell your friend to get out. There's always stripping to fall back on.
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