No break again?

[Terry]

I don't know why, but there's a shift manager at McDonald's that doesn't always give me my break. For example, I worked 12pm-8pm without a break on Saturday. Does she not think I need a break? Granted she came in 4 hours after I did, but when a manager takes over as shift manager, it's their job to make sure everyone had their break. There was also 2 other people that came in the same time I did and she gave them their breaks. What the hell is wrong with her? Damn it! I want my break!

[blas]

I don't know how old you are or if you live in the States or Canda or Europe....but I do know, at least in the States, for a certain numbers of hours worked, you MUST receive at least one break.

It sounds like they treat you like absolute garbage where you work.

[sarahj]

Did you ask for your break? At any job, managers/supervisors can get distracted (by SCs, etc) and forget to tell you to go on a break.

When I worked for maccas, there was a daily roster on a clipboard that the managers referred to. They marked planned employee breaks on it. Also, when I worked over 5 hours, I received double pay automatically. So I would have received 5 hours x normal pay + 3 hours x double pay = 11 hours total pay for that shift. The computer did it automatically unless a break was inserted by a manger (yes anyone could easily alter this).

I'd say check your policy guide - if you have a login for maccas employees online then it should be there. Not sure where you're from but I got all my payslips online. Check it (online or hard copy) when you get paid.

[SubwayGirl]

Have you said anything to the manager? It is very easy to get distracted and forget. I know that I never take a break and I sometimes forget. Also, sometimes it can get so busy that there is just no time for breaks.

As far as a legal requirement for a break, that depends on the state that you live in. In the state of Iowa there are no laws about break requirements. I can work someone for as many hours as I want without a break. But, if I did that I wouldn't have employees for very long because they would get burnt out. Everyone needs a break to recoup.

[tropicsgoddess]

If I'm not mistaken, US Federal Law mandates that those who worked 6 hours or more must have a lunch break and that if you're a minor you can only work x amount of hours during non-school days and x amount of hours during school days and you cannot stay any later than 9pm unless it is a non-school day.

[Terry]

I live in Indiana.

Sure, you could ask "Can I go on break?", but remember, we're talking about fast food managers here. To them, "Can I go on break?" is the same thing ask saying "I don't want to work". I was lucky enough to convince the scheduling manager to give me more hours, I don't want to give them the impression that I don't want to work. Also, it is a specific duty of the shift manager to make sure everyone goes on break, so this shouldn't be something that goes to the back of their head. I don't ask for my breaks, I always wait for the shift manager to tell me to go. None of the other shift managers have a problem asking everyone if they have had their break. She's the only one this ever happens with.

[donruss]

I know the restaurant business sucks but in all my time no manager of mine has ever equated "I need to take my break" with "I don't want to work". You are legally entitled to a break, it is partially your responsibility to make sure you get one. No one can treat you like a doormat unless you allow them to. I always tell people that they need to learn when to "pick their battles". This is one of those times.

[BlaqueKatt]

If I'm not mistaken, US Federal Law mandates that those who worked 6 hours or more must have a lunch break

you are mistaken

I don't know how old you are or if you live in the States or Canda or Europe....but I do know, at least in the States, for a certain numbers of hours worked, you MUST receive at least one break.

wrong-not even in wisconsin is it manditory for breaks

from WI department of labor laws

"Employers are not required to provide meal periods to adult employees, but it is recommended in the law that employers provide 30 minutes or more for a meal period. However, employers must provide meal periods to all employees under age 18.

Meal periods provided to minors must be at least 30 minutes in length, and reasonably close to the usual meal times of 6:00 a.m., 12 noon, 6 p.m. and 12 midnight, or near the middle of the shift."



however indianna has this: (but it may only apply to state employees-hard to understand legalese of the actual senate bill)

Synopsis: Employee lunch and rest breaks. Requires an employer to give an employee a lunch period of at least 30 minutes if the employee is scheduled to be on duty for six hours or more. Provides that if an employee works more than 12 consecutive hours, the employee must be given the opportunity for another lunch break. Requires an employer to provide a paid rest break of ten minutes to an employee who has been on duty for two or more continuous hours. Provides that the rest and lunch break requirements do not apply when the employer has only one employee on duty during specified periods. Specifies that the terms of a negotiated collective bargaining agreement, settlement agreement, or bona fide agreement between an employee and employer are not affected. Provides that a violation is a Class C infraction and that each time a person is in violation the person commits a separate infraction.

Effective: July 1, 2000.

[blas]

I stand corrected.

[bainsidhe]

I agree with the others here. If your sup equates "I need a break" with "I don't want to work", then this lack of professionalism needs to be brought to the attention of someone higher up. I usually wait until someone sends me on break, but you better believe I bring it up if I don't get it. There are times when you NEED a break (besides bathroom) just so you can get away for a few minutes and feel normal again. There are times when I'm so frustrated at work that my break is a godsend. I would gently remind your sup that he/she forgot you break last time and you don't want to be forgotton again. If the shift is getting along, give a nudge asking when you might expect to go on break. Nothing wrong in politely asking. It's when you get attitude that you bring out the evil were-cat within

[Nashida]

See, where I live and work I have to be working an 8-hour shift to get an unpaid, 30-minute meal break as well as a 15-minute paid break. However, my sups don't want to give me more than a 6-7 hour shift on any given day, even though I've asked to more hours and have yet to receive them (I currently work anywhere from 18-23 hours; I've been asking to be bumped to 32 because I really need the money)

I've also heard somewhere that if a sup continually neglects to give you your break while letting everyone else have theirs, you could file some sort of lawsuit. But I may be wrong.

[Pagan]

Also, it is a specific duty of the shift manager to make sure everyone goes on break, so this shouldn't be something that goes to the back of their head. I don't ask for my breaks, I always wait for the shift manager to tell me to go. None of the other shift managers have a problem asking everyone if they have had their break. She's the only one this ever happens with.

I'd like to weigh in here as a former Guest Service Manager for H******s. I did this job for 4 years and I was good at it. Sometimes, unfortunately, breaks can get shuffled to the back of the line. When you're running the whole front end of the store on a Friday evening, trying to make sure that the lines are down, getting video from the drop box, checking in and sorting said video, trying to get it run back out to the wall, and trying to get closing duties done. Believe me, there were plenty of times that I didn't get a break from 3pm (when I came in) until 11pm (when we closed).

That being said, you really need to talk to that specific shift manager. She might not realize that she's doing it. And no need to be combative about it, just a friendly, polite reminder.

[Kiwi]

how about rewording "can I go for my break"

ask your manager "what time is my break today?"

or "do you know I havent had my break yet?"

or if the manager sends someone on their break and you havent had yours you could ask "when she gets back from his/her break, is my break next"

that way its not so much of a whiny tone to the question, its more of a statement, of I havent had my break so pony up

[AKWalMartCartGuy]

If I'm not mistaken, US Federal Law mandates that those who worked 6 hours or more must have a lunch break and that if you're a minor you can only work x amount of hours during non-school days and x amount of hours during school days and you cannot stay any later than 9pm unless it is a non-school day.

there are no hour limits set on 16/17 year olds under US federal, or alaska state law, and state law says minors can't go over 6 hours without a break, WM policy says if anyone does

[Andara Bledin]

If I'm not mistaken, US Federal Law mandates that those who worked 6 hours or more must have a lunch break and that if you're a minor you can only work x amount of hours during non-school days and x amount of hours during school days and you cannot stay any later than 9pm unless it is a non-school day.

Alas, that's a common misconception about the meal period law.

The first line on the Department of Labor page about rest and meal periods says, "Federal law does not require lunch or coffee breaks."

Only 8 states actually have specific rules requiring certain rest periods by law. Those are shown HERE.

And HERE is the Fair Labor Standards Act information on youth workers.

Pretty much all labor laws as regards breaks, meals, and youth labor are enacted on a state by state basis.

^-.-^