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  • Question re Bathroom California

    My employer is attempting to enforce a rule that employees are only allowed to use the restroom on a break. Is that legal? I would think that if you had to go, you have to go.

    No one uses the excuse "I have to go to the bathroom." to do anything but go to the bathroom where I work because employees are watched carefully.

  • #2
    Sheesh, what a morale-killer.

    Are you getting your required 10-minute rest breaks? Are they pretty much in the middle of the first half and the second half of your shift? (I'm assuming an 8-hour work day and meal break about halfway through that.)

    All the law says is that employees must be given "reasonable time" to use the facilities. There are things you can do to reduce the need to go for 2 hours or so. Having said that, what do they expect you to do if the occasion arises unexpectedly?

    I may be completely off-base, but something is telling me you're in a call center environment. They're notorious for this kind of thing.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Yes, Patty

      Thanks for the response. I work at a call center. I've been there for three years (we were bought out a year ago). The new company has fired half the staff (we were very close-knit). They are also implementing things such as this. They will allow us 1 restroom break outside of normal breaks.

      When you're using your voice all day, you must drink plenty of liquids, and if you drink plenty of liquids, nature must call. Should they provide a more reasonable outlook when you take that into consideration?

      I am getting required breaks (I work part time- 5 hours - to supplement another job) and I get one ten-minute break.
      Last edited by clane85; 08-06-2008, 04:11 PM. Reason: left something out

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      • #4
        Sorry but if you are getting the breaks you are entitled to, then your employer isn't required to take into account your liquid intake when setting policies. If you need to use the restroom more than twice in 5 hours, I'd suggest making an appointment with your doctor.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Thanks Elle

          A simple reply without the snark would have been great. Assuming we have different physical structures, bathroom usage should vary. I happen to drink a lot of liquids (I live in the desert, with temps getting up towards 120 recently) in order to keep myself hydrated. I should therefore assume I would be able to use the restroom in a designated area, not myself, if the need arose.

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          • #6
            The problem is there is no law that requires your employer to give you any additional breaks. You are already getting 1 additional restroom break outside the required ten minute break. Sorry.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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            • #7
              There was no snark there. There ARE things doctors can do. And things you can do. One suggestion I've heard is gum, although since you're on the phone, that might be a no-no too. I'm not unsympathetic (for reasons I care not to share) but the fact remains that this is not illegal.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                No snark. Totally serious. If you are going that much you aren't dehydrated but it also is indicative of a potential medical problem.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  http://www.allbusiness.com/human-res.../733701-1.html
                  I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

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                  • #10
                    "there are Occupational Safety and Health Administration (OSHA) regulations which require employers to provide adequate bathroom facilities, and prevent employers from imposing "unreasonable restrictions" on bathroom use. The intent of these regulations is that employees are able to use bathroom facilities promptly, recognizing that the frequency of bathroom visits necessary may vary among employees, depending on factors such as the temperature, medical conditions and the effects of medication, and fluid intake.
                    In production environments where the absence of one or more individuals can adversely affect a productive work flow, OSHA recommends the adoption of a signal system, so that employees can request relief by signaling for another employee to take the spot on the work station. If employees are not being forced to wait an unreasonable amount of time for bathroom use, a system like this complies with OSHA regulations"

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                    • #11
                      ?

                      Originally posted by Betty3 View Post
                      The problem is there is no law that requires your employer to give you any additional breaks. You are already getting 1 additional restroom break outside the required ten minute break. Sorry.
                      I believe if you can't go when you have too it would result in medical problems too, I don't think you should take a pill so you won't go to the bathroom, where else would it go too? I can't believe some people, If you make the rules I hope they do the same.

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                      • #12
                        WOW I GO WITH WHAT THAT OTHER PERSON SAID.....IF YOU GOTTA GO THEN YOU GOTTA GO!!!! I MEAN WHAT IF U EAT SOMETHING N END UP WITH DIARHEA THEN WHAT....Not good at all.....
                        "Whatever you're going through in your life, don't ever give up." Mariah Carey

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                        • #13
                          Thank you "DAW"

                          I had a Similar Question For a Friend and was just browsing around here and found a C.A Law webSite Thanx to A person on this Site who Posted the Information.
                          Here is the Post by DAW

                          "DAW - Senior Member, Join Date: Jun 2006, Location: California, Posts: 4,339
                          This is very state law specific. There is no state with a general 20 minute break provision. If you are talking CA only (the state referenced in the original quesiton), then the following are the rules.

                          http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm
                          __________________
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982) "
                          "Whatever you're going through in your life, don't ever give up." Mariah Carey

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                          • #14
                            California labor law attorney

                            How about this..visit your doctor explain the problem, if he feels you "medically" need to be allowed to take additional bathroom breaks, you may then ask your employer to accomodate your medical conditions. If you are retaliated against after presenting such medical condition, you may then explore your legal options.
                            Walter

                            www.California-Labor-Law-Attorney.com
                            "Wage and Hour Class Action Attorneys"

                            Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

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                            • #15
                              What a crappy employer

                              How about this. If you get a medical condition which could be attributed (by the doctor) to not being allowed to go when you have to go file a workers comp claim.

                              Just a thought. I suspect that after a few (maybe one) they would be more reasonable.
                              I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

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