Question About Breaks At Workplace

[Orangeator]

So I work at a movie theater... Our manager sends out the schedule 1 week ahead of time. So it says for let's say "Chandler" to come in at 3 and to get off at 9. He gets dropped off at 3, ready to clock in, and the manager says its not busy enough for us to need you so just clock in at 4... So now he just kind of hangs out at the movie theater talking to the employees because he has nothing else to do and he is not getting paid. This happens everyday multiple times a day at my theater... Is that legal?

 

Another common occurrence is let's say someone works from 1-8. 1 is the start of a set, so when its busy and people are getting their tickets, then 1:30 there isn't a soul in sight. So the manager puts everyone on 45-an hour break until the next set starts. Then rinse wash repeats that situation until 8. About 3 breaks a day of when it gets slow and they don't need you. So you are there from 1-8 but only getting paid for when it is busy. Because when it slows down they put you On break. 

 

My question is, is this legal? I feel like I am being used and my pay check is not a normal 1-8 paycheck as I have multiple unpaid breaks because it isn't busy. Also I and others never actually are able to clock in when the schedule says because it's not busy enough for them to need you. So they just tell you to clock in when it picks up and then put you On break when it dies down. This just seems unethical to me and everyone who works there is upset about it.

[Mooshi]

I'd find another job. (I also am starting to loathe mine for the mandatory overtime) If you live in a "at will" state like I do, you're kinda out of luck. 

[deleted_member_030719]

58 minutes ago, Orangeator said:

So I work at a movie theater... Our manager sends out the schedule 1 week ahead of time. So it says for let's say "Chandler" to come in at 3 and to get off at 9. He gets dropped off at 3, ready to clock in, and the manager says its not busy enough for us to need you so just clock in at 4... So now he just kind of hangs out at the movie theater talking to the employees because he has nothing else to do and he is not getting paid. This happens everyday multiple times a day at my theater... Is that legal?

 

Another common occurrence is let's say someone works from 1-8. 1 is the start of a set, so when its busy and people are getting their tickets, then 1:30 there isn't a soul in sight. So the manager puts everyone on 45-an hour break until the next set starts. Then rinse wash repeats that situation until 8. About 3 breaks a day of when it gets slow and they don't need you. So you are there from 1-8 but only getting paid for when it is busy. Because when it slows down they put you On break. 

 

My question is, is this legal? I feel like I am being used and my pay check is not a normal 1-8 paycheck as I have multiple unpaid breaks because it isn't busy. Also I and others never actually are able to clock in when the schedule says because it's not busy enough for them to need you. So they just tell you to clock in when it picks up and then put you On break when it dies down. This just seems unethical to me and everyone who works there is upset about it.

How the fuck aren't your movie threaters busy? I live in Canada and our movies are always full...

 

If you're working and not on your scheduled break, you're supposed to be paid. They can't put you on break during hours that you're working unless you actually are on a break.

[rmac52]

In massachusetts that would be illegal.  But I have no idea what your states laws are.

[imreloadin]

1 hour ago, Orangeator said:

-snip-

What state do you live in?

Kinda need a point of reference before we can check things out.

[Orangeator]

26 minutes ago, imreloadin said:

What state do you live in?

Kinda need a point of reference before we can check things out.

Georgia.

36 minutes ago, rmac52 said:

In massachusetts that would be illegal.  But I have no idea what your states laws are.

Neither do I, that's why I am asking. Btw I live in Georgia.

38 minutes ago, Jed M said:

How the fuck aren't your movie threaters busy? I live in Canada and our movies are always full...

 

If you're working and not on your scheduled break, you're supposed to be paid. They can't put you on break during hours that you're working unless you actually are on a break.

Theaters generally operate on sets. When you see them busy that's during a set and you always think they are full because when set is going on that is when people are there. Aka 30 minutes before a scheduled movie time and 15 minutes after. That intermission when all auditoriums are playing, it is very slow and one person is more then enough for behind the counter.

 

Edit: Also an important note, there are 3 movie theaters (including the one I work at) within a 3 mile radius.

44 minutes ago, Mooshi said:

I'd find another job. (I also am starting to loathe mine for the mandatory overtime) If you live in a "at will" state like I do, you're kinda out of luck. 

Georgia^^^

[Qwweb]

2 hours ago, Orangeator said:

Our manager sends out the schedule 1 week ahead of time. So it says for let's say "Chandler" to come in at 3 and to get off at 9. He gets dropped off at 3, ready to clock in, and the manager says its not busy enough for us to need you so just clock in at 4... So now he just kind of hangs out at the movie theater talking to the employees because he has nothing else to do and he is not getting paid. This happens everyday multiple times a day at my theater... Is that legal?

You may be correct if a requirement for 2 weeks notice before a change of schedule (ie. quitting) was in your working contract. What many employees and employers do not realize is that this may be reciprocal, meaning that depending on the wording of the contract, an employer may need to give an employee a minimum of two weeks notification before changing schedule as well (in this example).

 

Forcing unpaid breaks may also be illegal on the federal level unless those breaks are planned in advance (if not accounted for properly this can be considered tax fraud) or are considered breaks over the lunch hour (lunch breaks). In many states, breaks (including lunch breaks) can be voluntarily waived by an employee unless in the workplace guidelines stipulated in your contract of scope of work. While I do not know for sure what your legal situation is or how it wil play out, I would highly suggest bringing up your concerns with the owners or parent company of the theater, even if you do this and nothing is out of line, you do not need to be worried about backlash due to protection under the Equal Employment Opportunity Act.

Quote

The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment.  Asserting these EEO rights is called "protected activity," and it can take many forms.  For example, it is unlawful to retaliate against applicants or employees for:

• filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
• communicating with a supervisor or manager about employment discrimination, including harassment
• answering questions during an employer investigation of alleged harassment
• refusing to follow orders that would result in discrimination
• resisting sexual advances, or intervening to protect others
• requesting accommodation of a disability or for a religious practice
• asking managers or co-workers about salary information to uncover potentially discriminatory wages.

https://www.eeoc.gov/laws/types/facts-retal.cfm

(Bolded section due to the fact that unplanned mandatory breaks may be considered harassment or discrimination against workers)

 

If I was in this situation myself, I would contact the highest internal authority and keep records of conversations (go above the manager's head). If that does not work, and this practice is indeed illegal in Georgia, I would then contact a lawyer and threaten litigation. If contacting a lawyer, they will be able to write a legal brief on the possible violations which they would then submit to a court and the accused party.

 

I have not been in this situation myself, but went through a near legal rodeo earlier this year as my employer (the University I attend) did not pay me for well over a month and a half after signing a legal contract that stipulated payment terms and conditions which were met by both parties. It may be exhausting in the short term, but if you speak up, the problem will likely be solved in some way. 

 

Sorry for the long response, I get a bit in depth when it comes to workers' rights.

[Orangeator]

40 minutes ago, Qwweb said:

You may be correct if a requirement for 2 weeks notice before a change of schedule (ie. quitting) was in your working contract. What many employees and employers do not realize is that this may be reciprocal, meaning that depending on the wording of the contract, an employer may need to give an employee a minimum of two weeks notification before changing schedule as well (in this example).

 

Forcing unpaid breaks may also be illegal on the federal level unless those breaks are planned in advance (if not accounted for properly this can be considered tax fraud) or are considered breaks over the lunch hour (lunch breaks). In many states, breaks (including lunch breaks) can be voluntarily waived by an employee unless in the workplace guidelines stipulated in your contract of scope of work. While I do not know for sure what your legal situation is or how it wil play out, I would highly suggest bringing up your concerns with the owners or parent company of the theater, even if you do this and nothing is out of line, you do not need to be worried about backlash due to protection under the Equal Employment Opportunity Act.

(Bolded section due to the fact that unplanned mandatory breaks may be considered harassment or discrimination against workers)

 

If I was in this situation myself, I would contact the highest internal authority and keep records of conversations (go above the manager's head). If that does not work, and this practice is indeed illegal in Georgia, I would then contact a lawyer and threaten litigation. If contacting a lawyer, they will be able to write a legal brief on the possible violations which they would then submit to a court and the accused party.

 

I have not been in this situation myself, but went through a near legal rodeo earlier this year as my employer (the University I attend) did not pay me for well over a month and a half after signing a legal contract that stipulated payment terms and conditions which were met by both parties. It may be exhausting in the short term, but if you speak up, the problem will likely be solved in some way. 

 

Sorry for the long response, I get a bit in depth when it comes to workers' rights.

No I appreciate the long response and read this twice. I honestly will be calling corporate Monday and ask them questions about this. Thank you for that suggestion. Now if they say it's alright, then I am putting in my two week notice that I am leaving. I will not put up with unethical (whether legal or not) practices such as the ones I described.

 

Also, I am the same way about topics I am passionate about.

[Donut417]

Breaks and Meals

Neither the Fair Labor Standards Act (FLSA) nor Georgia law require breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods. Breaks of short duration (from 5 to 20 minutes) are common. The FLSA requires workers be paid for short break periods; however an employer does not have to compensate for meal periods of thirty minutes or more, as long as the workers are free to use the meal period time as they wish and are not required to perform work during that time.

https://dol.georgia.gov/breaks-and-meals

 

If you breaks are 30 min or more then they dont have to pay you. But they do have to pay you for short breaks. So if any of your breaks were shorter than 30 min Id be threatening them. 

[Misanthrope]

12 minutes ago, Donut417 said:

Breaks and Meals

Neither the Fair Labor Standards Act (FLSA) nor Georgia law require breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods. Breaks of short duration (from 5 to 20 minutes) are common. The FLSA requires workers be paid for short break periods; however an employer does not have to compensate for meal periods of thirty minutes or more, as long as the workers are free to use the meal period time as they wish and are not required to perform work during that time.

https://dol.georgia.gov/breaks-and-meals

 

If you breaks are 30 min or more then they dont have to pay you. But they do have to pay you for short breaks. So if any of your breaks were shorter than 30 min Id be threatening them. 

It doesn't says that the employee is required to accept the breaks. If they're mandatory then they need to extend the schedule for the downtime as needed otherwise forcing someone into break to not pay them would be a breach of contract since the employer is not paying for the total amount of agreed upon hours or the agreed upon schedule for that matter.

 

[Donut417]

7 minutes ago, Misanthrope said:

It doesn't says that the employee is required to accept the breaks. If they're mandatory then they need to extend the schedule for the downtime as needed otherwise forcing someone into break to not pay them would be a breach of contract since the employer is not paying for the total amount of agreed upon hours or the agreed upon schedule for that matter.

 

Georgia is an at will state. Basically employer can do what they want. It comes down to company policy. If the company requires the breaks then its in the HR policy. Federal Law has no stipulations on breaks or lunches besides how pay should work. The state has no stipulations on how breaks should work. Employers have the right to change policies  as long as its with in the law. There is no break of contract if the employee is not under contract. Im guessing the OP is not. 

 

The OP did not state if he was full time or not. Because if hes a part time worker, they dont have any set amount of hours they have to give. If hes full time, then its 32 hours as thats what Obama Care states. So companies require breaks. When I worked at Sam's Club, Breaks and Lunches were a must. If I got over time I was told I would be fired if it was not approved. Employers can get away with a lot. 

 

Also employees dont have to accept breaks, BUT if its company policy they have to, because they agree to those policies when they are hired in. Those policies are legal according to Federal and Georgia Law. The only thing is, if the OP takes a short break, legally they have to pay him. I hope the OP has evidence of this, because he could take it to the Department of Labor and have them investigate and or contact a labor attorney. 

[NumLock21]

2 hours ago, Donut417 said:

Georgia is an at will state. Basically employer can do what they want. It comes down to company policy. If the company requires the breaks then its in the HR policy. Federal Law has no stipulations on breaks or lunches besides how pay should work. The state has no stipulations on how breaks should work. Employers have the right to change policies  as long as its with in the law. There is no break of contract if the employee is not under contract. Im guessing the OP is not. 

 

The OP did not state if he was full time or not. Because if hes a part time worker, they dont have any set amount of hours they have to give. If hes full time, then its 32 hours as thats what Obama Care states. So companies require breaks. When I worked at Sam's Club, Breaks and Lunches were a must. If I got over time I was told I would be fired if it was not approved. Employers can get away with a lot. 

 

Also employees dont have to accept breaks, BUT if its company policy they have to, because they agree to those policies when they are hired in. Those policies are legal according to Federal and Georgia Law. The only thing is, if the OP takes a short break, legally they have to pay him. I hope the OP has evidence of this, because he could take it to the Department of Labor and have them investigate and or contact a labor attorney. 

Most place will have just 1 lunch break, not multiple in 1 day, as in OP's case. Looks like his manager is using this "lunch break" tactic for not paying the proper work times the employees have completed. From his example, a employee works from 1-8 and gets 1 hour break for not being busy. In 1 day, this happens 3 times.

1-8 is 7 hours. 3 breaks that's 3 hours of break time. In total that employee, actually worked 4 hours instead of the full 7 hours. It's not the employees fault, a business isn't busy or have not customers during a certain time.

On 2/25/2017 at 9:15 PM, Orangeator said:

Another common occurrence is let's say someone works from 1-8. 1 is the start of a set, so when its busy and people are getting their tickets, then 1:30 there isn't a soul in sight. So the manager puts everyone on 45-an hour break until the next set starts. Then rinse wash repeats that situation until 8. About 3 breaks a day of when it gets slow and they don't need you. So you are there from 1-8 but only getting paid for when it is busy. Because when it slows down they put you On break. 

 

[Donut417]

3 minutes ago, NumLock21 said:

Most place will have just 1 lunch break, not multiple in 1 day, as in OP's case. Looks like his manager is using this "lunch break" tactic for not paying the proper work times the employees have completed. From his example, a employee works from 1-8 and gets 1 hour break for not being busy. In 1 day, this happens 3 times.

1-8 is 7 hours. 3 breaks that's 3 hours of break time. In total that employee, actually worked 4 hours instead of the full 7 hours. It's not the employees fault, a business isn't busy or have not customers during a certain time.

 

Yes, but what I am saying. Is when your part time, you are not legally entitled to X amount of hours PERIOD. Im not saying this is ethical, but there is a big difference between Legal and Ethical. You also have to look from the Mangers perspective. He has a labor budget he has to stay with in, its not always the managers who make these polices, people further up the chain do. He might be asked to meet unrealistic goals. 

 

All the OP can do is give two weeks notice and quit. Find a better job some where else. 

[Orangeator]

7 minutes ago, Donut417 said:

Yes, but what I am saying. Is when your part time, you are not legally entitled to X amount of hours PERIOD. Im not saying this is ethical, but there is a big difference between Legal and Ethical. You also have to look from the Mangers perspective. He has a labor budget he has to stay with in, its not always the managers who make these polices, people further up the chain do. He might be asked to meet unrealistic goals. 

 

All the OP can do is give two weeks notice and quit. Find a better job some where else. 

Yeah I will be putting in my 2 weeks if they don't change the way they unfairly use breaks.

 

Edit: Yes I am part time.

[Orangeator]

20 minutes ago, NumLock21 said:

Most place will have just 1 lunch break, not multiple in 1 day, as in OP's case. Looks like his manager is using this "lunch break" tactic for not paying the proper work times the employees have completed. From his example, a employee works from 1-8 and gets 1 hour break for not being busy. In 1 day, this happens 3 times.

1-8 is 7 hours. 3 breaks that's 3 hours of break time. In total that employee, actually worked 4 hours instead of the full 7 hours. It's not the employees fault, a business isn't busy or have not customers during a certain time.

 

Yeah but the breaks are like 45-an hour long so you really can't do anything. You still have to hangout within distance to clock back in on time. You really aren't "free". It's a shitty tactic they use to pay you the bare minimum amount.

[NumLock21]

20 minutes ago, Donut417 said:

Yes, but what I am saying. Is when your part time, you are not legally entitled to X amount of hours PERIOD. Im not saying this is ethical, but there is a big difference between Legal and Ethical. You also have to look from the Mangers perspective. He has a labor budget he has to stay with in, its not always the managers who make these polices, people further up the chain do. He might be asked to meet unrealistic goals. 

 

All the OP can do is give two weeks notice and quit. Find a better job some where else. 

Can't tell if manager clocked themselves out or not when it's not busy or they're still clocked in due to watching over the employees.

 

11 minutes ago, Orangeator said:

Yeah but the breaks are like 45-an hour long so you really can't do anything. You still have to hangout within distance to clock back in on time. You really aren't "free". It's a shitty tactic they use to pay you the bare minimum amount.

Start looking for a better job.

[Donut417]

19 minutes ago, NumLock21 said:

Can't tell if manager clocked themselves out or not when it's not busy or they're still clocked in due to watching over the employees.

 

If the manager has exemption status, they wont have to clock in or out. I was told by my buddy who is a store manager that Obama changed the rules. If you meet a certain definition as a manger and make over $47,000 a year, they can make you an exempt employee, that means you are not eligible for over time. Which generally mean you are paid a set rate regardless. Now this is assuming this manager is like a store manager or something and not like a supervisor. 

 

But these types of jobs they want to pay the bare minimum and want the world. I worked at BK for 9 years and thats how it was. I worked in retail for 2 years, they wanted my soul. 

[LAwLz]

I don't know the laws in your state OP, but in Sweden this would not be allowed.

Schedule changes need to be informed in advance, and breaks are paid for (except the lunch/meal break, of which there is 1).

 

You are clearly being taken advantage of by your manager.

[Guest Kloaked]

On 2/25/2017 at 9:15 PM, Orangeator said:

So I work at a movie theater... Our manager sends out the schedule 1 week ahead of time. So it says for let's say "Chandler" to come in at 3 and to get off at 9. He gets dropped off at 3, ready to clock in, and the manager says its not busy enough for us to need you so just clock in at 4... So now he just kind of hangs out at the movie theater talking to the employees because he has nothing else to do and he is not getting paid. This happens everyday multiple times a day at my theater... Is that legal?

Probably not illegal but it is pretty shit. Seek another job or go above the manager's head. I'd seek a different job, though.