Is this legal for my job to do?

Question

We are open 12 hours a day during the week and 8 hours saturday and 4 sunday. When we are open there is almost always only 1 person here at a time. When we have to go to the bathroom or want to run across the street to grab a drink we put a sign on the door saying we will be back in 5 minutes (it usually only takes a couple though). Well one of the owners sent an e-mail out last night saying that no matter what we are not allowed to lock the door during business hours and it is not ok to say we will be back in 5 minutes. Is this legal, is there anything I can do to fight it? I've already sent her back an e-mail telling her I didn't think it was fair and why and I am waiting for an e-mail back from my states labor office but who know's how long that will take.

well Tom, you sound just like all my customers that think they are so much better then us and I can't say this to them but I can to you, **** OFF. If there weren't people doing this job how would you get your clothes cleaned to wear to your job? Someimtes educated people aren't the smartest. I'm in college, full time, I am also the manager of the store. We work at least 6 hour shifts if not 8 hours, like today I'm here for 12. I know legally they have to give the people at the plant a 30 minute lunch break if they work 8 hours so how can it be that much different for a store front?

my boss responded to my e-mail and said she understood that what we do at my store works fine but other stores people are taking advantage and now I am helping her come up with a solution.

Answer 1

They need to let you use the bathroom. It is illegal to not let you. If they don't want you to lock the door than don't. The stuff that gets stolen is the owner's anyway.

Answer 2

This is from the Department of Labor website:
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks work-time that must be paid. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.

Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

http://www.dol.gov/dol/topic/workhours/breaks.htm

Your issue is one of practicality rather than law, unfortunately. As others have said, your employer needs to think about how to operate a store with just one person there; somehow, someone needs to mind the store while someone else gets a break.

Unfortunately, I have to agree that perhaps this is not the best employer to work for, and other dry cleaners may be a better option. :)

Answer 3

On it's face, there is nothing wrong with it.

However, if you work a certain amount of hours (I think 6 or more) you are required to take a hour meal break, and that is one whole hour where you are not required to work at all. So if only one person is working at a time then you HAVE to shut it down.

On the other hand your boss can reasonably require you to buy a snack or a drink before you start working.

On the other other hand, if your boss can't reasonably expect you to hold you pee for hours on end. A five minute bathroom break my not be law but it is basic human decency. If you gotta go you gotta.

It seems unreasonable to expect one person to work several hours straight without ever using the bathroom.

Answer 4

I wouldn't worry about it too much. I'll give you a clue in life. Never ask for permission. Just do it. If you ask for permission the power trippers will say no more often than not. If you do it and they don't know then that's their ball of wax. Then they have to either watch you constantly or develop a procedure to handle what you're doing. The bottom line is that the employer (v. the employee) stands more to lose as you can always find another job. You might want to start looking now.

Answer 5

That's unfair. Humans have certain needs, and if only one is working at a time for several hours, they should be able to take slight breaks to go to the bathroom or get a drink. If the place you work has a problem with this, tell them to have two people working at a time, so that one can cover for the other for those five minute breaks.

Answer 6

Your Sate does not care at all. All State agency's are owned and operated by the corporations and Republicans, forget that.
Call your local health department and tell them you require time to go to the bathroom. Most small Employer's are exempt from all fair labor laws. You may need to look for another Employer who will treat you fairly without laws.

Answer 7

It is legal. There must be other alternatives for you. Maybe it is convienent for you to run across street for a snack etc. And when you have to use the toilet. But maybe these are only to be done at your break time? Maybe you need to find another place of employment? (sorry)

Answer 8

If there are only a few people that work for this business, there is not much the state labor office can do for you. It's not right for your job to do that, but it's not illegal.

Answer 9

It depends upon the number of employees the entire business has nation-wide. I don't believe small business owners are required to give you breaks.

However, you could threaten to pee in a bucket behind the counter.

Answer 10

Well there is a good chance now that you wish had done better in school so you did not have to take a job like this. There are not many rights in places like that and your boss only owes you a pay check. If you painted yourself into a corner career wise than you just have to deal with work circumstances like this. You could look for another job, or you can go back to school to get a marketable skill that would make you a valuable employee who is treated better.