Granted it only takes 3 minutes for me to walk down a hall, use the restroom and return, but i can't control something that's preprogrammed into every human being. Is this legal?
yes or no? and if you answer, please provide a link or something stating proof.
To make this even more puzzling. They make salaried employees clock out for bathroom breaks as well. Totally bizarre to me. Thanks in advance for any good help!
2006-11-08 10:09:53 · 6 answers · asked by skipp_h 1 in Business & Finance ➔ Small Business
The only time an employer can legally require an employee to clock out during a work day is for lunch, which generally is not paid time, or when leaving the plant for personal business. Any other time spent in the workplace is considered "working time" and must be paid.
Even where "bathroom abuses" occur, employees are not required to "punch out". They are subject to discipline (malingering), if they spend an abnormal amount of time in the bathroom.
I am puzzled by the requirement that salaried employees are also required to "get off the clock", unless they are non-exempt, clerical types who have the same pay rights as hourly workers.
If such "bathroom time" does not allow you to accrue 40 hours worked in a normal workweek (5-8hour days), then I suspect that the employer could be depriving employees of regular, earned pay, and in some cases, overtime pay, which is computed after "40 hours worked".
Contact the Wage and Hour Division of the Department of Labor to inquire, and if necessary, file a complaint.
2006-11-08 19:26:58 · answer #1 · answered by PALADIN 4 · 0⤊ 0⤋
No, not from what I know. Reminds me of a job I had this time three years ago. I had a habit of peeing two times before the first hour was up. I tried to drink my coffee earlier so I'd pee before I clocked in for the first pee. When You don't have a degree or certificate this is the kind of **** you have to put with!
2006-11-08 18:18:14 · answer #2 · answered by Kris 3 · 0⤊ 0⤋
Dont really know in the US, I am a lawyer outside of the US and where I come from it is clearly illegal. However this link might help.
http://www.dol.gov/dol/topic/workhours/breaks.htm
2006-11-08 18:35:19 · answer #3 · answered by luis E 1 · 0⤊ 0⤋
Ask the labor board?
2006-11-08 18:21:45 · answer #4 · answered by http://fuelthearmy.com 3 · 0⤊ 0⤋
Are you in a union????? Go to personnel to ask?
2006-11-08 18:15:12 · answer #5 · answered by purpleone726 3 · 0⤊ 0⤋
No way! Turn them into OSHA!!!
2006-11-09 00:44:35 · answer #6 · answered by smart200106511 2 · 0⤊ 1⤋