Does anybody else have this problem? Correct me If I'm wrong but aren't you suppose to get breaks usually one 15 min every two hours? Well I work at a place that is breaking the law, because we get a break every 3 hours!?
As for my question can I get fired for refusing to work overtime? This week we've been doing some hard labor working at a tire warehouse unloading trucks with 2,000 tires for 2 days and plus the general labor really makes your back hurt. Today we were suppose to work overtime and all the workers and myself said we couldn't and walked out and my boss was pissed off so bad. This is the second time we've done it but, there comes a point and time where enough is enough and you can't handle extra overtime. All my boss cares about is pleasing his customers and working our asses off, but when we ask for a raise he says we haven't eanrned it yet? My question is can we all get fired for refusing to work overtime, he can't punish all of us right?
alex
2007-08-15 16:49:24 · 2 answers · asked by money mike 3 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Q: Correct me If I'm wrong but aren't you suppose to get breaks usually one 15 min every two hours?
A: Sorry! I'm correcting you =) There are no FEDERAL laws that require you to get a break or even a lunch break within a set time frame. However, there are some STATE laws that do (such as in California), I just don't know the specifics.
Federal Wage and Hour law (www.dol.gov) which is governed by the Fair Labor Standards Act (FLSA) only applies to payment of total hours worked and illegal deducations from pay (based on hours, not on other things). It addresses other areas as well, but those are relevent to your question...
(Sidebar... you get a break every 3 hours? I replied to another post in which I explained to the poster how the military (even with civilian jobs) will often run a "straight 8" in which the worker gets 20 minutes to scarf down a sandwich (on paid, company time) and that's it! )
Q: Can I get fired for refusing to work overtime?
A: Yes - unless you are a contract employee (highly unlikely) or in a union environment and you have a bargaining agreement that has specific terms (which I doubt or your boss wouldn't be doing it to his entire shift and you probably would have had a strike by now).
Q: Can we all get fired for refusing to work overtime - he can't punish all of us right?
A: Yes you can get fired and yes, he can punish you by firing you, writing you up for insubordination, refusal to work (which translates to poor performance), etc...
Sorry - I know this isn't the answer you wanted to hear... sounds like you are either understaffed, have some really tight financial controls at the top (which are requiring you work the time to get the job done because they won't hire additional positions) or you may just have a jerk boss and need to be looking for a new job..
2007-08-15 17:03:31 · answer #1 · answered by thealphafemme 3 · 1⤊ 0⤋
Workers legal rights vary state to state .
California has certain rights but it does exclude some professions like construction .
Arizona basically says your rights are whatever you and the employer agree on when you are hired .
As far as getting fired , many states are "at will" meaning either the employee or employer can terminate the relationship at any time .
Check with your state labor board to see what your rights are .
And if all the guys stick together , the boss will have to bend more often , hard to replace all the worker bees . (although he can fire 1 or 2 to shaft ya)
Besides , you should be job hunting for a better job while you have this job anyways . Employers hire already working people as a preference over unemployed .
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2007-08-15 16:59:31 · answer #2 · answered by kate 7 · 0⤊ 0⤋