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what should i do bout this? California

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  • what should i do bout this? California

    i have been working at my first job for almost a year now. it is a small family owned pizza restraunt and I am 17 but i started working there when i was 16. i typically work from 4pm-10-30pm, 5pm-10-30pm or 4pm-11-30pm or 12am so my longest day is about 7 or 8 hours and my shortest is 5 hours. the problem is i have never been allowed a break as long as i have worked there. i always work straight through no mater what. usually only people with day shifts get breaks because we get so busy at night. i come home exhausted and my legs and feet and back almost always hurt! I'm almost positive that what they are doing is illegal, but i don't know the details or what to say or how to bring it up. i told them about a sexual harassment problem a while ago and they took care of it right away, but I'm scared to mention that i want a break sometimes. cud somebody please help me! I'm worn out!

  • #2
    The situation is not going to change as long as they refuse to address it. California law, unlike some states, requires breaks. They addressed your sexual harassment complaint; what makes you think they won't listen to you about this?

    Because breaks are required by state law, you have recourse if they are not provided. However, it is always best to try to work things out with your employer first. If they are a small, family owned place, it may be that they are not even aware that breaks are required by law. You might want to bring these links to their attention:

    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm

    http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm

    The same links will tell you what your recourse is if they do not listen to you or if they retaliate against you for asking.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      thanx but

      i know that they know the law. one of the owners is a lawyer. she knows the law! but im just kinda scared that i'll be treated differently if i bring it up. it's a very informal place. and also i dont know if this is a real problem but my manager is constantly making fun of me! he does it to everybody, but it actually hurts me and i often have come home crying because of things he has said. again im a little scared to bring it up because of the environment of the place.

      Comment


      • #4
        Give me some examples of what you mean by, making fun of you.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          well...

          he says im ugly and i have big ears and i am a butterface (it means everythings good looking but her face is ugly) and that i smell bad and im lazy and a bad worker and im a stupid blonde. a lot of things like that. it rly hurts

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          • #6
            I'm sure it does. However, unfortunately, being rude to someone is not illegal. (That's why I wanted examples; to see if he was just being rude or doing something illegal - he's just being rude.) I know it hurts and I don't blame you for being upset.

            But as far as your breaks are concerned, nothing is going to change if you don't do something to make it change. Right now, everything is fine from his perspective. If he knows about the law and is not giving you breaks, then he thinks you don't know the law. He's not going to suddenly start giving you breaks out of nowhere.

            The law says you have to be given breaks. The law says that he cannot take any adverse action against you for asking about taking breaks. If he does so, you can take legal action.

            It really is better to try to work it out with them first. If they refuse to allow breaks even when made aware of the fact that you know you are entitled to breaks under the law, or if they fire you, demote you or otherwise discipline you for asking about them, there is action you can take to protect yourself. You will find it in the links I gave you above.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by curiousmeg View Post
              he says im ugly and i have big ears and i am a butterface (it means everythings good looking but her face is ugly) and that i smell bad and im lazy and a bad worker and im a stupid blonde. a lot of things like that. it rly hurts
              Why on earth would you woke for a person like this? There are jobs galore in the food services industry...Get a new one where you are not subjected to that crap.
              Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

              Thank you in advance for your anticipated understanding.

              Bay

              Comment


              • #8
                Originally posted by curiousmeg View Post
                i know that they know the law. one of the owners is a lawyer. she knows the law! but im just kinda scared that i'll be treated differently if i bring it up. it's a very informal place. and also i dont know if this is a real problem but my manager is constantly making fun of me! he does it to everybody, but it actually hurts me and i often have come home crying because of things he has said. again im a little scared to bring it up because of the environment of the place.
                Have you told this manager, preferably in private, that the comments are hurtful? He may think the comments are just in fun and don't bother you if you have never said otherwise. Lacking a Y chromosome I will never understand it but guys have this need to insult their friends. It's like someone will take away their man card if they actually compliment someone. Doesn't excuse it in the workplace but it doesn't necessarily mean he is trying to hurt you.
                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
                  I would have to question this part of your statement, "everything else looks good", what exactly does everything else include?

                  Meg, read through the following so you have a better understanding of what work place harassment includes.

                  http://www.fcc.gov/owd/understanding-harassment.html

                  I agree with Baystategirl, it might be time to cut your losses and look elsewhere that might offer a better working environment. Such a shame that so called "adults", be it men or women, insist on acting in such a childish way. Name calling and verbal attacks on physical/mental characteristics at an elementary school play yard might be expected until such time as those young children outgrown it. These behaviors have NO place in what is supposed to be an adult environment where you work.

                  Yes by all means you should speak privately with your boss. It may well be that he considers this acceptable when no one raises objections. Just for the record I have seen both genders act this way and for whatever reason "they" think it is OK.

                  Good Luck to you Meg.
                  Last edited by BnThrDnTht; 08-08-2007, 05:54 AM.

                  Comment


                  • #10
                    i have thought a lot about getting another job, but the problem is that since it is a small business they are very flexible about giving me time off when i need it and other places most likely would not give me the hours i need so i can make enough money for paying my bills and helping out my family. we have never had a lot of money so my having a job really is important since my parents r missionaries. i dont know of another job that could give me a minimum of 25 hours a week and be good about giving me time off for school and church events. i cant leave my job unless i get 2 jobs cuz thats the only way to get enough hours and money. but i will talk to my boss about the hurtful comments and about getting breaks. thanks so much for your help everybody! it has really made me more confident about talking to them!

                    Comment

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