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re: OT lawyers: Is it legal to make someone go on a break?

Posted on 1/12/17 at 10:13 pm to
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23313 posts
Posted on 1/12/17 at 10:13 pm to
They can make her clock out, but they can't make her stay on the premises just waiting for it to get busy again. That's very much illegal.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/12/17 at 10:14 pm to
Maybe she should clean up or do something constructive instead of sitting in a booth playing on her cell phone when there are no customers.. why pay her to do nothing?
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23313 posts
Posted on 1/12/17 at 10:18 pm to
quote:

should clean up or do something constructive


It's the manager's responsibility to assign down-time duties. He can tell her to go home if the restaurant isn't busy, or he can find work for her to do, but under no circumstances can he require her to stay on the premises waiting for a customer to show up unless she is being paid for it.
This post was edited on 1/12/17 at 10:19 pm
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23313 posts
Posted on 1/12/17 at 10:21 pm to
quote:

Ingeniero


Is this a corporate store, or a franchise?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 1/12/17 at 10:21 pm to
He could also just fire her when she complains about it.
Posted by LSUBFA83
Member since May 2012
4347 posts
Posted on 1/12/17 at 10:22 pm to
Is it Sonic? I've heard of Sonic doing that shite. I guess they get away with it because most of their employees are teens who don't know any better.
Posted by NIH
Member since Aug 2008
124863 posts
Posted on 1/12/17 at 10:24 pm to
Do you post during work? Are you being paid to do nothing?
Posted by matthew25
Member since Jun 2012
9425 posts
Posted on 1/12/17 at 10:47 pm to
The store must clock her out for 30 minutes minimum. She must be free to then leave the premises.

If she is clocked out for less than 30 minutes, or told to stay on-site, she must be paid.

The call to the DOL, wage-hour division, is free. She must sign statement with the facts. Before the Bush administration changed this policy, the call could have been anon, and the DOL would have sent an investigator to the premises. They can't do that anymore.
Posted by GeauxOCDP
Member since Jul 2015
1067 posts
Posted on 1/13/17 at 12:12 am to
People talk about allowing companies to do whatever they want, but don't have a clue how shitty most of these companies treat their employees even under regulation.
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
23313 posts
Posted on 1/13/17 at 12:12 am to
quote:

If she is clocked out for less than 30 minutes, or told to stay on-site, she must be paid.


The DOL Wage and Hour Division rule for breaks is that any under 20 minutes must be paid.

The 30 minute rule applies to designated meal periods which are defined differently than breaks.

The manager might be violating both rules, but he is clearly breaking the law.

quote:

People talk about allowing companies to do whatever they want, but don't have a clue how shitty most of these companies treat their employees even under regulation.


Nobody talks about that. This is why the law exists, so these employees can't be exploited. They just have to report it. Do you think anyone will look for the person who stole your car if you don't call the police?
This post was edited on 1/13/17 at 12:16 am
Posted by stelly1025
Lafayette
Member since May 2012
10377 posts
Posted on 1/13/17 at 5:36 am to
The person you know is stupid. If she is there the employer is paying for her time and not when it gets busy or slow. You cannot clock someone out expect them to stay there and clock them back in whenever it gets busy again. If she lets it happen then she is an idiot.
This post was edited on 1/13/17 at 5:37 am
Posted by UGATiger26
Jacksonville, FL
Member since Dec 2009
9128 posts
Posted on 1/13/17 at 5:57 am to
quote:

Maybe she should clean up or do something constructive instead of sitting in a booth playing on her cell phone when there are no customers.. why pay her to do nothing?


It's not her job to assign herself duties. That's on her supervisor.

And yes, actually, even if she was just sitting in a booth playing on her phone, she is still "working." She's there waiting for a customer to come in. She's not at home or doing whatever she wants, is she? It's not her fault they don't have any customers at the moment.
Posted by baybeefeetz
Member since Sep 2009
32975 posts
Posted on 1/13/17 at 6:09 am to
It's legal if she is free to go and do whatever she wants during the break. What's not legal is depriving people of legally required breaks and not paying them for "breaks" during which they're working.

But if the "breaks" here are 20 min or shorter, he/she must be paid.
This post was edited on 1/13/17 at 6:10 am
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 1/13/17 at 7:13 am to
I worked for salary before opening my own clinic. 10am-7pm with no breaks. I was allowed to go i to my office and scarf down food between clients. I eventually put in my 2 weeks notice (the contract said I had to give 60 days notice) and I left. 1 month later I got a bill in the mail for the 6 weeks of contract violation. I never paid, that was 10 years ago.

To add: at no time in the interview was it explained I would get no breaks or lunch.
Posted by Gorilla Ball
Az via La
Member since Feb 2006
13365 posts
Posted on 1/13/17 at 7:41 am to
Geez
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 1/13/17 at 8:03 am to
She will call the department of labor, and the next time she gets a customer complaint, boom. She fired.
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