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Disgruntled87
05-10-2006, 08:27 PM
The supervisor at my (part time) job has recently posted a memo to the employees at the site. In the memo it states that "Breaks are the appropriate time to use the bathroom." Meaning that they will penalize you for taking a bathroom break without clocking out on one of the allowed breaks.
I was wondering if this was legal. To require that if someone is to use the bathroom they have to wait until they take their break.

Another thing regarding this is something I am most definately is illegal. I would appreciate some links to the official Utah law web address that states this. The problem started when I overheard two of the supervisors talking. They were saying that they were taking time off of employees time cards for taking bathroom breaks. They were doing this without telling the employees it was happening. Waiting until after the employee had clocked out for the night so they wouldn't see the change occur.

I was very disturbed and angered at this deciet so tomorrow I am going to make a complaint. However, I wanted to see the actual laws so I could have some backing to my complaint.

Thanks for your time.

Pattymd
05-11-2006, 06:15 AM
Utah does have laws requiring meal breaks or rest breaks for adult employees. See here:
http://laborcommission.utah.gov/Utah_Antidiscrimination___Labo/Employment_Standards/FAQs%20with%20Utah%20Labor%20-%2006-22-05.pdf

OSHA requires a "reasonable" amount of time to use the restroom, but that's all. The employer may require that the employee use the restroom at the proscribed time.

Now, having said that, any breaks of under 20 minutes must be paid according to federal law.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.18.htm

Violations of the above can be reported to the state Labor Commission, including claims for the time docked in error.

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