Labor Laws Regarding Breaks? (Phoenix, Tucson: how much, attorney, wages)

[AZOFFROAD]

My employer is trying to force me to work through an unpaid break, I work a overnight shift and there is no coverage for me to leave the office, they expect me to clock out and continue to work.

I look at the laws online and could not find anything regarding this, I know AZ does not require you to take a break but my company policy does, but without coverage I would hardly call it a break since I am stuck working.

I know it's only 30 minutes, but over year I am working 130 hours unpaid.

[AzDreamer]

If your employer has an Ethics department and that would be a good place to ask this question.

In many states there have been court cases where employers had employees working off the clock and the employers were forced to pay back wages. Maybe a google search would find something.

[Gandalara]

Why not ask the Industrial Commission of AZ ?

Labor Department
Randall Maruca, Director
Email: laboradmin@ica.state.az.us
Phoenix: 800 W Washington St, Phoenix AZ 85007 - Phone: (602) 542-4515
Tucson: 2675 East Broadway, Tucson AZ 85716 - Phone: (520) 628-5459

[Wallbanger]

I do not know the answer to your question, but I certainly would start looking for another job. This should not be allowed. Everyone should have the right to have a break. I thought this was the case, though. Regulated by the law. I would have said it's illegal.

[keninaz]

Can't be done~
If they are requiring you to work unpaid it's called permitted suffering under federal laws.
If I remember it's under the Fair Labor Standards Act.

[CheyDee]

Originally Posted by AZOFFROAD

My employer is trying to force me to work through an unpaid break, I work a overnight shift and there is no coverage for me to leave the office, they expect me to clock out and continue to work.

I look at the laws online and could not find anything regarding this, I know AZ does not require you to take a break but my company policy does, but without coverage I would hardly call it a break since I am stuck working.

I know it's only 30 minutes, but over year I am working 130 hours unpaid.

I was in the identical situation where I was last employed, a couple of years ago. (I am retired now.) It is indeed against the law and I was able to find where it stated that through extensive web searching. (Sorry, I didn't save the links.)

I had spoken to the Director of Human Resources and got nowhere, but the issue was eventually resolved after going over her head to the CEO. I received full back pay, (no interest), and new arrangements were made so I could obtain break coverage in the future.

Of course, since I knew I would be retiring in short order, I wasn't worried about anyone becoming offended at my perserverence. I do think it may have created a hostile environment for me otherwise.

The dollar amount was significant to me as was the principle, but I don't know that an attorney would have taken it on for so little; I was grateful to get it resolved without having to go that route.

[JAinAZ]

Moderator cut: personal-use DM

As for the OP's problem, you have the right to a break. You need to decide how much you want to push for your right, but I would start with a nice, calm conversation with your immediate supervisor and go from there. Many times, things like this can be solved just by talking through them.

[keninaz]

The OP's problem is not about taking a break, it's about working in a non paid status which does violate the law.
Some people just miss the point.

[JAinAZ]

Originally Posted by keninaz

The OP's problem is not about taking a break, it's about working in a non paid status which does violate the law.
Some people just miss the point.

Well, if you are referring to me, I did not miss the point at all, I just did not say a break without working through it, as "a break" usually refers to a period of time when you are not working. If he was getting his break, he would not be "working in a non paid status".

Of course it violates the law, but a conversation might fix the situation without losing the job, which is a good thing these days.

[Rachel Saucedo]

My company went around all the loop holes by having All new employees sign a waiver that read that we were willing to do a "working " lunch. So we worked an 8 hr day got paid for all 8 hrs. Our workdays 2:30pm - 10:30pm. No 15 min. breaks.