I don't know what to do.

[AriGriffin]

I recieved a reply from the Department of Labor. Here is what they sent:

The Fair Labor Standards Act (FLSA) has no provisions regarding the scheduling of employees, with the exception of certain child labor provisions. Therefore, an employer may change an employee's work hours without giving prior notice or obtaining the employee's consent (unless otherwise subject to a prior agreement between the employer and employee or the employee's representative).

The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Many employers however, provide breaks and meal periods to their employees. Breaks of short duration, from 5 to 20 minutes, are common. As a general rule, rest breaks are considered hours worked and meal periods are not considered hours worked. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative).

Also, the district manager came in on Thursday. The manager left and now the DM is training a new manager. I tried talking to the DM, but they kept blowing me off. I asked the Manager & DM if I could have a break and they said no- while they were heading outside to smoke. I told the DM I needed to have a talk with them, but they left the store.
I threw out my back while trying to move stuff while at home. I was supposed to work tomorrow. I called the manager and told them what happened. They said they didn't think they could find anyone to cover my shift. I'm taking pain medicine, but it hurts to walk and I can't stand for very long.

[Akasa]

Too bad, you are injured. If they don't find someone to cover your shift that's their problem not yours.

[Dips]

Bathroom breaks are covered by OSHA which supercedes all state laws. Here is the link:

http://www.osha.gov/pls/oshaweb/owad...ONS&p_id=22932

In short, employers must provide restrooms for employees and also must provide them reasonable access to them. Employers are not allowed to to make an employee wait an unreasonable amount of time to use the facilities; it consitutes a health hazard to the employee.

[EvilEmpryss]

I can't imagine that working anywhere else could be worse than this... the benefits to your health and sanity should far outweigh any loss in pay you might have to take. I'd make my family eat ramen noodles for a month if I had to, but I'd leave ASAP for greener pastures. Do what you need to do to get by, but don't be afraid to jump ship rather than sink with it.

McDonald's is always hiring.

[AriGriffin]

The manager told me to get a doctor's note before returning to work. I spent Monday trying to find a free clinic as all I have until Thursday is gas money for my mom's car. Public Health refused to see me saying they discontinued their adult services four years ago. The other free clinic is for the Native American tribe that is nearby and you have to have a tribal card to be seen. Since I am not, I was turned away there as well. After waiting three and a half hours at the ER (where Public Health said to go), I gave up since they said I would be there another four hours at best. It was over $1,000 the last time I went to the ER for what turned out to be a really bad case of strep throat. Plus the chairs there were not helping my back at all.

I told the manager what happened with trying to get a doctor's note and they said I wouldn't have to come in until Saturday evening. I have been filling out applications left and right.

[EvilEmpryss]

I certainly wish you the best of luck in doing what ever you choose to do.

As for your back, alternate heat and ice, starting with ice. It should help the pain. If you can afford it, you might try picking up one of those elastic back braces they sell at the drug stores. That little bit of support can really help.

[Pagan]

Ari - Remember that we're all always here for you, too!

Bathroom breaks are covered by OSHA which supercedes all state laws. Here is the link:

http://www.osha.gov/pls/oshaweb/owad...ONS&p_id=22932

In short, employers must provide restrooms for employees and also must provide them reasonable access to them. Employers are not allowed to to make an employee wait an unreasonable amount of time to use the facilities; it consitutes a health hazard to the employee.

That's the one I was looking for! I knew it was there since I was looking at something similar the other day. (Our idiot DM was trying to ban us having even water to drink in the Pharmacy.)

[Dips]

Did you injure your ankle at work or was it at home?

If it was at work then go into the break room and find the poster listing what insurance company covers workplace accidents. All employers are required by law to carry such coverage and to post that information in a place where every employee can easily find it. The poster may also list a medical facility for you to use and may also have the contact information for your company's workers' compensation officer.

If you can't find the poster, ask your manager where it is. Follow the directions on the poster to file a claim for the work-related injury. That insurance is there to cover your medical bills and pay for lost wages if you can't work due to the injury.

[AriGriffin]

I hurt my back at home.

[tropicsgoddess]

I'm not familiar with the US legal system, but aren't those lack of breaks somewhat illegal?

They sure are. Especially if you're not given a lunch break of at least 30 minutes for a 6 hour or more shift. As for the OP, document all the shit they pull at work from the last minute notice on schedule changes right down to the hostile work environment. Sounds like they really wear you down (figuratively and literally), sounds like it's high time to look for another job. That place treats you like a work horse and nobody deserves that and nobody should have to tolerate that kind of abuse.

[Naaman]

Ari - Remember that we're all always here for you, too!



That's the one I was looking for! I knew it was there since I was looking at something similar the other day. (Our idiot DM was trying to ban us having even water to drink in the Pharmacy.)

May be worth double checking before confronting your DM. In the UK having food or drink in the pharmacy can, potentially, fall foul of hygiene regulations. In the past there was also the issue of picking up the wrong container and having a healthy swig of industrial alcohol whilst using your 20% coffee solution to dissolve the menthol crystals for your skin cream.

[Binky]

Good luck hun! I hope you work something out. But my guess would be that you honestly need to start looking for a new job. It seems no one is interested in helping you at all.

They just want you to do what they say, and that's that!

Best of luck and keep us posted

[trailerparkmedic]

I bet your state board of labor would be really interested to know that you haven't been getting any breaks.

Document everything, as others have said.

If your DM is blowing you off, go higher. If that person blows you off, go higher. Contact HR. Contact corporate. Do you have an anonymous tip line you can call?

I'm hoping you get another job soon!

[AriGriffin]

I have contacted the VP of Human Resources at the company I work for and the US Department of Labor. They said I didn't have a case when it came to not having breaks and them changing my schedule the night before and not informing me of it.
I don't know if I have a case against them for the restroom issues. I can go to the restroom- once there are no more customers in the store. Since we are on the end of a busy shopping center that rarely happens.

[Pagan]

May be worth double checking before confronting your DM. In the UK having food or drink in the pharmacy can, potentially, fall foul of hygiene regulations. In the past there was also the issue of picking up the wrong container and having a healthy swig of industrial alcohol whilst using your 20% coffee solution to dissolve the menthol crystals for your skin cream.

No, he was trying to ban us from having any water, period. Not even in a water bottle. None whatsoever. Oh, and we're not a compounding pharmacy, anyway.

And completely ignoring company policy, too, which says that we can have covered bottles of water or sports drinks.

Of course, we now know that the guy is an idiot. We have small paper bags to put prescriptions into at the registers. Well, he got it in his head that we shouldn't have them up on the counter.

The big problem with this guy is that he's not a pharmacist and has never worked in a pharmacy. He used to oversee all of the optical shops, which operate completely different from the pharmacies.