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OverTime Cut During Lunch Break Colorado

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  • Jondiaz021
    started a topic OverTime Cut During Lunch Break Colorado

    OverTime Cut During Lunch Break Colorado

    I am working for a retail store in Colorado and my employer is making all employees cut their overtime during their lunch period. We are allowed to leave the premises but our normal lunch break is 1 hour long so any overtime accrued must be added to that hour. It is my understanding that in some states any lunch period exceeding 1 hour is considered a split shift and the employee must be compensated 1 additional hour for working that split shift. Is this the case in Colorado?

    This seems like it shouldn't be allowed. I do not live close enough to go home during lunch and I end up just sitting in the break room for 1.5-2 hours at a time on days where I have to cut my overtime. The employer, for an unspecified reason, refuses to let us go home early on the days when they are asking that we cut our overtime. Is this just an inconvenience that we have to put up with? Do they have the right to fire anyone who refuses to cut overtime during their lunch period and instead opts to leave early anyway?

  • Jondiaz021
    replied
    Originally posted by cbg View Post
    There is no legal significance to the hours you are initially scheduled to work. In all 50 states, (even California), the employer, not the employee, decides what hours the employee works. You do not have any say in the matter unless the employer chooses to allow you a say. Yes, there can be repercussions for refusing...those repercussions are that you can be fired, and it will be legal, and it's not even certain that you'll qualify for unemployment. The law will not be on your side if you refuse to work the hours your employer wants you to work. Your opinion and $2 won't even get you out of Starbucks.

    BTW, in 47 states including yours, it's not overtime until it's over 40 in a week. There is no legal significance to over 8 hours in a day except in California, Nevada and Alaska.
    Fair enough, thanks for the info, all of it is good to know. Luckily we do live in a society where we can choose to search for employment conditions that we as employees find agreeable. It's not all about a competition among individuals seeking jobs but also a competition among employers to retain quality employees. I'm certain my specific experience here is not a standard practice everywhere as I have never encountered it before in my previous jobs. I just have to be more discerning in the future as to which companies I choose to invest time and effort into.

    Leave a comment:


  • cbg
    replied
    There is no legal significance to the hours you are initially scheduled to work. In all 50 states, (even California), the employer, not the employee, decides what hours the employee works. You do not have any say in the matter unless the employer chooses to allow you a say. Yes, there can be repercussions for refusing...those repercussions are that you can be fired, and it will be legal, and it's not even certain that you'll qualify for unemployment. The law will not be on your side if you refuse to work the hours your employer wants you to work. Your opinion and $2 won't even get you out of Starbucks.

    BTW, in 47 states including yours, it's not overtime until it's over 40 in a week. There is no legal significance to over 8 hours in a day except in California, Nevada and Alaska.

    Leave a comment:


  • Jondiaz021
    replied
    Originally posted by hr for me View Post
    https://www.colorado.gov/pacific/cdle/breaks

    Employers have the right to manipulate work schedules as needed. Sounds like your employer isn't as busy around your lunch break as they are around leaving/closing time. While it might be inconvenient for you since you live so far away from your employment, but that is not the employer's fault. I suggest bringing a book to read, a laptop to work from or a craft project so that time could be used productively for something you like/want to do.

    It would only be illegal if they asked you to work during that time and refused to pay you for it or if it crosses the end of a workweek ( ex. your workweek ends Saturday at midnight and on Sunday they ask you to take a longer lunch for overtime you had accrued the week before). But if it is within the same workweek, they can do exactly what they are doing to cut down on work hours including overtime.
    So I have no say in how I cut my overtime or how they split up my schedule but am I obligated to work overtime? If my employer has me scheduled for an 8 hour shift and tells me I have to stay after the scheduled time to help finish -whatever task - then am I obligated to do that for them? Are there repercussions for refusing to work OT? My only other option here to avoid this (because it happens regularly every week) is to refuse to work hours over my scheduled shift.

    In my opinion, that should be my time and they either need to pay me for it or allow me to leave early if they want it cut.

    Leave a comment:


  • cbg
    replied
    And yet, when I went directly to the DLSE website I could find nothing to support that, at least as a general rule. I suppose it might have that requirement under some wage orders.

    Never go by what California requires, in any case. They are well known for having laws that do not exist anywhere else in the US.

    Leave a comment:


  • Jondiaz021
    replied
    Originally posted by cbg View Post
    It is my understanding that in some states any lunch period exceeding 1 hour is considered a split shift and the employee must be compensated 1 additional hour for working that split shift.

    I am not aware of any state where this is the case.
    I had read during my google searches that

    "The Division of Labor Standards Enforcement (DLSE) takes the position that a genuine or bona fide, meal break is a maximum of one hour long. If it is longer than that, it is a split shift and the employer must pay the one-hour premium."

    In any event apparently it's not the case in CO whether it is the case elsewhere or not. I think the solution I'm going for here is touching up my resume and looking for a different job. Thanks for the replies.

    Leave a comment:


  • cbg
    replied
    It is my understanding that in some states any lunch period exceeding 1 hour is considered a split shift and the employee must be compensated 1 additional hour for working that split shift.

    I am not aware of any state where this is the case.

    Leave a comment:


  • hr for me
    replied
    https://www.colorado.gov/pacific/cdle/breaks

    Employers have the right to manipulate work schedules as needed. Sounds like your employer isn't as busy around your lunch break as they are around leaving/closing time. While it might be inconvenient for you since you live so far away from your employment, but that is not the employer's fault. I suggest bringing a book to read, a laptop to work from or a craft project so that time could be used productively for something you like/want to do.

    It would only be illegal if they asked you to work during that time and refused to pay you for it or if it crosses the end of a workweek ( ex. your workweek ends Saturday at midnight and on Sunday they ask you to take a longer lunch for overtime you had accrued the week before). But if it is within the same workweek, they can do exactly what they are doing to cut down on work hours including overtime.

    Leave a comment:

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