Another Work Question

Parent Cafe
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<p>What would you do? My D found summer employment working as a cashier in a local gas/convenience store (like WaWa, but not WaWa). She most often works 8 hrs shifts, but never, at any time, is she given any sort of rest break. No 15 min. breaks, no meal breaks. When she asked about food breaks, they said there weren’t any. You “Just grab a bite between customers, while standing at the register.” Also, she was told by the head manager/franchise owner (I’m actually not sure what his title is) that they are not allowed to bring in any outside food, but must buy whatever they eat from the store. Mind you, employees don’t receive any sort of merchandise discount at all!</p>

<p>Are these policies legal? I thought federal (or at least state) law mandates that employers give their workers a minimum number of breaks, based on the length of their shifts. Like, if you work an eight hour shift, you are entitled to a fifteen minute break and a half-hour meal break. Isn’t this company in violation of some sort of labor law? And can they really demand that employees only buy their meals from the store? That seems totally unethical, if not illegal. Reminds me of the way “company stores” use to take back most of the money they paid miners back in the twenties.</p>

<p>If these practices are illegal, who do I contact to report these breaches? The Dept. of Labor? State or local?</p>

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<p>I believe for 8 hrs shift she is supposed to get a 30 min break at least.</p>

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<p>How old is your d? If she’s a minor, there are additional issues.</p>

<p>Anyway, the first place to check out is your state’s department of labor (or employment & labor, or whatever they’re called. Call them and ask them your questions. Or call your local bar association - most have an “Ask a lawyer” program where you can ask general questions and get advice for free.</p>

<p>Frankly, in this situation, I’d have my d quit!</p>

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<p>Taken from laborlawtalk.com</p>

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<p>Unfortunately, you live in a state that allows just about anything. The choice for your D is to stay and put with it or quit and look elsewhere. Ever wonder why there’s still unions out there?</p>

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<p>Since your state apparently allows about anything, what I’d do is empathize with my D and also remind her about how darned lucky she is that because she’s going to college, she’ll have other options. I’d also suggest that she might want to let her experience inspire her to work for better working conditions for the many people in this country and the world who have no other options than to work permanently jobs in which they are treated horribly.</p>

<p>And if I were in a state in which the store’s policies were illegal, I would be assisting my D in reporting the illegal actions. I would not be doing it for her, but would be guiding her in obtaining her rights, and also would let her know that more than likely, the road to obtaining fairness would not be easy, but IMO the battle would be worth it for herself and for others.</p>

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<p>The labor law site is confusing - but Massachusetts does require a 30 minute meal break if you work for 6 hours. M.G.L. chapter 49, sections 100 and 101.</p>

<p>As for Virginia, OpiefromMayberry is correct. I got this off the Virginia Department of Labor website:</p>

<p>“Does an employer have to provide employees breaks or a meal period?
No, unless the employee is under the age of 16.” </p>

<p><a href=“http://www.dli.state.va.us/whatwedo/labor_law/lla_faq.html[/url]”>http://www.dli.state.va.us/whatwedo/labor_law/lla_faq.html&lt;/a&gt;&lt;/p&gt;

<p>So there really isn’t anything you can do about her employers.</p>

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<p>D is 19. We’ve discussed her options, and basically, she’s decided to suck it up and work for another three weeks. She needs the money for school expenses. She returns to school on Sep 1. It has definitely been a learning experience for D. And it has strengthened her resolve to obtain some sort of paid internship next summer. Believe me, we’ve already talked about how lucky she is to be obtaining an education, instead of being stuck cashiering in order to pay the bills. She feels sorry for the ones who have to put up with mistreatment because they have few other options. She feels very fortunate indeed and is basically adding this experience to the “life lessons” column.</p>

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<p>I hope she’ll also be inspired to do something to help people who are permanently stuck in those kind of jobs. Those are the people who also are less likely to lobby the legislators to create more appropriate work places.</p>

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<p>Our state wasn’t listed in RugBurn’s post, but S works 9 to 5 daily, and is required to take an unpaid 30-minute break. Between low pay and the reality of tax withholding, it’s been an educational summer. College is looking real good.</p>

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<p>The other thing is when reading the labor laws is that exceptions are made for small operations (such as mine). If there are fewer than 5 empoyees on a shift (5? that’s a LOT!) you don’t have to offer breaks. (This is CT law)</p>

<p>My store policy is:
a paid 10 min break am and pm. NO breaks for first 3 hrs of working. Please come in fed and watered/coffeed. An unpaid 30 minute lunch break. Please sign out and leave the store. If we are too busy for breaks (such as December Saturdays), the store will buy lunch and have it delivered. You may not eat a meal at the front desk/register. Lunch will be served in the ‘kitchen’.</p>

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<p>In the summer between my senior year in high school and my freshman year in college, my dad got me a job with a company that his company worked with (so I wouldn’t be working with or for him), doing filing work. While I believe I had breaks/lunch, etc., the work was mind-numbingly dull for me. I remain convinced to this day that my dad got me the job to [ital]make sure[/ital] that I went to college!</p>

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<p>And just today or last night, if you are a tip earner, your minimum wage can be less than three dollars an hour!!! What it means is that if you have the POTENTIAL to get tips, your wage is half what it is now and if you don’t get the tips, too bad…yeah…that what the house just passed…</p>

<p>Hows that for progress…</p>