V. Price
02-16-2007, 06:23 AM
I work for a large manufuacturer. The employees are on their feet 8 hours a day with the exception of a 30 minute lunch break. By OSHA standards, is my employer suppose to provide the employees with a 15 minute break?
Can he dock their pay for the 15 minutes?
Today we were informed they have to clock in and out to go to the bathroom. Is that legal?
mommyof4
02-16-2007, 06:34 AM
Only workers 16 and under are given the right to lunch breaks (in VA).
If your employer offers 15 minute breaks (he is not required by law to grant ANY breaks) the breaks of 20 minutes or less must be paid.
ScottB
02-16-2007, 06:35 AM
By OSHA standards, is my employer suppose to provide the employees with a 15 minute break?
OSHA does not require breaks. No federal agency does.
Your state might and someone who knows if they do will post here (I doubt Virginia does, but cannot say for certain).
Any break of less than 20 minutes is supposed to be paid, so not paying you for the time going to the rest room is not legal.
V. Price
02-16-2007, 06:36 AM
Thank you for your quick reply. What about docking them for going to the bathroom?
mommyof4
02-16-2007, 06:39 AM
OSHA does not require breaks. No federal agency does.
Your state might and someone who knows if they do will post here (I doubt Virginia does, but cannot say for certain).
Any break of less than 20 minutes is supposed to be paid, so not paying you for the time going to the rest room is not legal.
Scott B answered that. Unless they are taking at least 21 minutes to use the restroom, that time must be paid. However, if the employer feels that the restroom 'breaks' are being abused, other forms of discipline (up to and including termination) are perfectly legal. But, one must be paid for the 3 minutes it takes to go potty.:)
This is to confirm that no breaks of any kind are required by either Federal or Virginia law.