Ohio Retail Worker Questions

[OhioRetailWorker]

My first question is simply, when you work for a multistate corporation, like a national retail store, what state laws take precident? ...Where the particular store you work for actually exists, or where the headquarters for the chain exists?

My second question is regarding breaks and meal periods. I have read that, currently, Ohio law does not require a company, in this case a large retail department store chain, to give you meals or breaks, (which to any human seems ridiculous and close to inhumane, but I guess that's still Ohio law). But if that company already has a policy in place, that all other employees are entitled to (I refer to all other employees in other departments within the store) wouldn't that rule apply to all?

Just this day, the manager for my department, told me that I might have to forgo getting a break, that WAS scheduled, (they alwasy are) but was pushed back to take care of pressing customer needs in my department. Please understand that people in other departments who were similarly scheduled, were able to take theirs, because they had adequate floor coverage in their area, or more employees scheduled in that department.

Normally they also schedule people from outside our department to cover breaks, and meals, when there is only one person in the department, but today they didn't. We should have been "covered" just with the people scheduled. Normally also, they will call in a person from another overstaffed area, to give our people a break, when we haven't been able to give them a break, because of a high volume of customers in our particular area.

But today, the manager was either lazy or purposely being petty or something... but when I pointed out I had not had opportunity to have my break, and would be ending my work shift in 90 minutes...she gave me a "Well, I guess you just won't get one" reply. Then she added, "You got one last night... (and that was only because she had to fill in, as there was only one person in the department, ME, and I had not even stopped or had opportunity to use the bathroom for hours).

Understand, there were MANY other employees in the store...and any one of them can be sent to cover breaks, that has always happened, and we are even often scheduled to cover other peoples areas... this is the common practice. SO, can a mid level manager just decide that one person simply can't have a break, because she didn't want to make the call to get coverage?

Where do I go to find out precident on something like this?

[Marketeer]

The laws of the state in which your workplace is located are the ones that must be followed. In your case that would be Ohio. If there is a conflict between state laws and federal law, the employer must do whatever is better for the employee. Ohio does not require breaks.

Unfortunately, I think that what happened is that you got a frazzled manager who didn't react well during the hectic Christmas season. I would suggest that you bring it up with HR at your location. The manager likely broke an internal policy. Most stores I've worked for are usually very good at shuffling people around. I remember having to go cover for breaks all over the store as needed when I worked retail, even in areas I knew nothing about and couldn't sell.

[Pattymd]

Just as an aside, Marketeer, I did exactly that job when I was in college. I did nothing but spell breaks and meal periods. Boy, did I hate it when they sent me to hardware.

[cbg]

Where the particular store you work for actually exists, or where the headquarters for the chain exists?

Where the store you work for actually exists

I have read that, currently, Ohio law does not require a company, in this case a large retail department store chain, to give you meals or breaks, (which to any human seems ridiculous and close to inhumane, but I guess that's still Ohio law).

I agree it's ridiculous. But yes, it is still the law in Ohio, and in many more states besides.

But if that company already has a policy in place, that all other employees are entitled to (I refer to all other employees in other departments within the store) wouldn't that rule apply to all?

Morally and ethically it should, and under company policy it might. However, nothing in the law prohibits an employer from carving out one department, or even one store, from company policy.

SO, can a mid level manager just decide that one person simply can't have a break, because she didn't want to make the call to get coverage?

Under the law, in Ohio, yes, she can. Whether she can under company policy is unknown.