break times
Steph
6 Posts
Do we have to give two fifteen minute breaks and a lunch break?
If so can we make the employee clock out on all of them?
Is it up to the company to decide when the employee takes these breaks?
this is in regards to an eight hour period.
If an employee says if you don't like it you can fffing fire me to a superior isn't that considered insubordination?
Please help me I need to have these questions answered.
Sincerely
In need of help
Stephanie
If so can we make the employee clock out on all of them?
Is it up to the company to decide when the employee takes these breaks?
this is in regards to an eight hour period.
If an employee says if you don't like it you can fffing fire me to a superior isn't that considered insubordination?
Please help me I need to have these questions answered.
Sincerely
In need of help
Stephanie
Comments
However under FLSA, if an employer provides a rest period of 20 minutes and under it must be paid (for each such period). Usually the employee may leave the immediate work area.
Meal periods are considered to be 30 minutes or more, which under FLSA need not be paid if the employee is completely relieve of duty for that time). State law may also dictate when the meal period is to be taken, if it requires one at all.
Definitely worth bookmarking or printing out.
On that same note, I found this PDF document [url]http://www.iowaworkforce.org/labor/iosh/consultation/wagehourfaq.pdf[/url]
that states the following breaks are required in your state:
1. Minors young than 16 must be given a 30 min break if they are employed five hours or more each day.
2. All employees must be allowed toilet breaks when needed.
3. Workers under union contracts that promise breaks must be given those breaks in accordance with the contract. Truck driver breaks - see the DOT for info.
Now, all that being said, here is MY OPINION: Non exempt employees should be given two 15 minute breaks on the clock and at least 30 (preferably 60) minute meal period off the clock for every 8 1/2 to 9 hour workday. For example:
830am- clock in
1030am- 15 min break
1230pm- clock out for lunch
130pm- clock in from lunch
330pm- 15 min break
530pm- clock out
I say this because this is "standard" in my area and keeps employees and employers happy. Employers have the right to set break and meal period times in Washington and Oregon. Your state's site wasn't specific on that portion of your question, so I would get on the phone to Iowa DOL for that. They also didn't specify if employees can be required to clock out for the break periods. I would bet that they cannot be required to do so if the break is under 10 min but again call your state's DOL.
If an employee says "if you don't like it you can f-ing fire me" that would be considered insubordination and unprofessional behavior in my company. What it is in your company depends on your policies, that one is pretty straight forward though. I would want to know the context more before I gave you a definite answer because you never know WHAT the arguement was about. I mean, if a supervisor said the employee had to sleep with them to get a promotion and the employee replied with "NO! And if you don't like it you can f-ing fire me!" that is a little different.
Commissioner and she said that I'am not required to give any breaks nor a lunch break the only thing that I'am required to give is toilet breaks.
As for the other I will explain.
An employee was on the phone when he was supposed to be working on a truck. I asked him who he was talking to when he got off of the phone and he said his girfriend and if I didn't like it I could just Ffffing fire him. Please tell me your opinion on this.
Thank You
Stephanie
It is rudeness to a supervisor and in that sense it is a form of insuborinate type behavior that is disciplineable.
If you're in an at will situation with the employee, you could fire him.
But if you are under contract, or in a union enviroonment or have a discipline policy that identifies under what conditions immediate discharges are to take place, you may be limited in what you can do now. Do you have a progressive disicpline policy?
ANYWAY, can't go back and change the past. Like other posters have said - if this is a union environment you will need to utilize the progressive dicsipline steps outlined in it. If it's not a union environment, I would call the ee into your office, explain any policies the company has that he broke (i.e. personal use of co. property, etc.) and tell him he's a) terminated b) receiving xyz dicsipline. You have to decide if you want to term him or not. Does this happen a lot? How have you handled it in the past? Are you willing to set a precedent? Think about those things before you decide.
I wish for your response
Thank You
Steph
Steph - are you saying that you have a written policy in your workplace that says "no personal phone calls period" or something similar? If so, I would definitely (at least) write him up for breaking the policy and for unprofessional behavior towards you. That's what I would do at minimum.
What do you have written down in your policies in regards to breaks and meal periods? You say that no one wanted them until now - but does you policy say "no breaks are allowed?" If so, I would change it and give the employees the option to work an 8 1/2 hour day taking two paid 10-15 minute breaks and 30 minutes unpaid meal period. If they don't want to take the breaks, they don't have to, but at least have something written that says they are entitled to take them if they choose to. Sounds like the Iowa DOL doesn't care either way. You should also "stop the meter" on the customer's cars/trucks when breaks occur (of course I may be being overly idealistic here).
We do have a no cell phone and a no use of the phone policy but only in an emergency. If they wish they can clock out to take a break and then make a phone call which we do have stated in our handbook. Untill now after the 14 years that I have been here has anyone demanded 2 fifteen minute breaks or a lunch for that matter. I would not have had a problem with him using the phone if he would have only asked me before he did it,this would have made this entire situation non existent.
Thanks
Stephanie
The majority of our employees would rather not take a break considering the type of work that we are in it means if they did then 9 times out of ten they would have to stay late to finish the job that they are working on. Most do not even take a lunch break because they would rather have the money. So in those cases do you make them take a lunch break or leave it up to the employee to take one if I made them all take lunch breaks some of them would not be very happy with me.
Please respond
Thank You
Steph
I would immediately suspend the employee for three days. After three days, the employee could meet with me and his supervisor and offer an explanation.
If the explanation or apology were satisfactory, I would allow him to continue working but might require some anger management training.
If the employee was unrepentant or even hostile, I would terminate him.
Paul, while I have no great issue with your idea of immediate suspension in a sitution like that, I believe that if you fired him for being unrepentant upon his return you would have in essence disciplined him twice for the same offense.
While that is not "illegal" and, outside of union contracts and/or arbitrable disciplinary actions, not a violation of employee rights, "double jeopardy", as what you described could be called certainly, would lead to bad employee relations with the workforce and increased non-belief in the integrity and support of the employer's discipline process. The employer would be saying one thing in its policy but doing another in its practice, unless it put in the discipline policy, "that upon return from a suspension, if the employee is not then sincerely remorseful, he or she will then be fired for the original act."
And yes I think that it is strange that Iowa does not even require a lunch break.
Thank You
Stephanie