My job is trying to tell me that because I went to the bathroom they want to take that time away from the 2 hours overtime also they said that I would be considered late because my regular shift started at 11:00am I signed out from my phone ( i work in a call center) to document and reasearch a policy I was working on. I was not signed out for the end of a shift I was working through from 9am-7pm. Can they do this?
2006-08-08 15:34:11 · 11 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
I am a HR manager, and I know a lot about employment law. The answer is no, they do not have to pay you for any time not worked (including bathroom breaks, lunch, ect). This practice is not something that I would recommend that my company would do, but it is legal.
Sorry, but the law (Fair Labor Standard Act) does not require an employer to pay an employee for non-worked time. They are required to give you brakes, but the can be unpaid. It sounds like it is time to look for a new job.
2006-08-08 16:55:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If you went to the bathroom and it wasnt an authorized break then yes they can. Also if the company policy states you must be signed in at your phone then it is probably to show you are working. Simply ask what is the correct procedure for researching on the job.
2006-08-08 22:39:39 · answer #2 · answered by whirlwind_123 4 · 0⤊ 0⤋
Well geez, how long were you in the bathroom? Five minutes? For them to take that away, if you make $12 an hour, would be $1 - I suppose maybe they can, since technically you weren't working during that time, but would be pretty tacky and ridiculous. I'd look for an employer with more common sense.
2006-08-09 00:56:03 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
Sounds shady - do they have documentation of how long you were in the bathroom... I have never heard of such a thing.
I used to get overtime pay and NEVER did they deduct if I went to the bathroom... Heck people even went out and had a cigarette which is worse!
Sounds like you need a better job!
2006-08-08 22:40:04 · answer #4 · answered by duck_michelle 3 · 0⤊ 0⤋
If you work in the United States it is against the law for employers to not pay you for going to the bathroom. It is required by law for employers to allow their employees to use the restroom facilities.
Whether it is overtime pay or not, it doesn't matter, what you can do on regular hours, you can do on OT.
2006-08-08 22:43:10 · answer #5 · answered by hfmgr06 4 · 0⤊ 0⤋
let me tell you thats what unions are for to make sure employers dont rip off the working stiff sign a union card get everyone to then ask for more than min wage then you have people backing you
2006-08-08 22:43:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
well they are required BY LAW to let you go to the bathroom if you need to, but if you cant prove that you were working, then they can get you for that. (there has to be a way for you to prove it since you are talking on the phone)
2006-08-08 22:40:31 · answer #7 · answered by flutterflie04 5 · 0⤊ 0⤋
You need to contact a union or call someone that could defend you. I know here in Australia, they would not even try this one.
2006-08-08 22:40:57 · answer #8 · answered by cheeky_beth_62 4 · 0⤊ 0⤋
I would contact your local employment comission or labor board, they can direct you on your states laws and regulations. It sounds sketchy to me though.
2006-08-08 22:41:05 · answer #9 · answered by Jennifer S 2 · 0⤊ 0⤋
I don't know if it is legal but it sure is lame!!!!
what state do you work in ? I would check out their labor laws online.
2006-08-09 19:49:44 · answer #10 · answered by Anonymous · 0⤊ 0⤋