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no breaks or lunches 11 hr shifts

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  • no breaks or lunches 11 hr shifts

    I need some help on some questions I have. I worked for a company and they were working 11 hr days 5 to 6 days a week and I was unable to have a lunch or a break throughout the whole entire day. They do this in all of their stores. They usually only have 1 employee working the entire day everyday so we are unable to have a lunch cause we aren't able to close up the store. Can I do something about this? Also I was working 70 hrs weeks and only on commission. So I didn't get any overtime pay nor did I even know if I would be getting a check coming. I just don't feel this is right and am wondering if I can do something about it. They provide microwaves when they first open the stores and mine started to go bad so I put in a help desk ticket and my response was that they only provide it at store opening and if it goes bad it is my responsiblity to buy one if I feel I need another one! So for a company who doesn't allow breaks I would think they would supply the microwave well nope that isn't the case if once they break down I have to take my measly small check and buy one so I can have a meal for my lunch and my meal of a night cause I was working 9:30 to 8:30 every day. What can I do about this? I finally quit I couldn't take it anymore.

  • #2
    - What state? Some of the questions you asked are very state specific.
    - Were you legally an employee (taxes withheld from check, W-2 at year end)?
    - What were your job duties? Were you the store manager? Or something with the word "manager" somewhere in the title? [And yes "titles" do not legally matter, but the intent of the employer might.]

    Also, if you are good with math, federal minimum wage is $5.85/hr. Were your commissions big enough to cover federal WM plus OT?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I am in the state of KY. They have locations in Ky, OH, Indiana, WV as well. I did have taxes taken out of my checks and I was the store manager but even when I was just an associate it was the same as far as lunches and breaks go. They do this at all their locations whether a Manager is working or just an associate. As far as my pay goes my checks would range from $1200 to $2000 over a whole month period for no less than 55 hrs a week. But some people I know who work slower stores sometimes don't even get a check by the time taxes and insurance is taken out. Some people have owed the company money cause there commission weren't enough to cover. So they pretty much worked for free. My checks were mainly commission and were based on my performance monthly and most weeks I was working 60 to 70 hrs but no less than 55 a week. So that is 15 hrs over a regular work week at least but mostly more especially the month of December I worked 2 weeks at 66 hrs and the other two at around 60. So that is alot of overtime hours.

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      • #4
        From Kentucky State's web site:

        REST PERIODS
        No employer shall require any employee to work without a rest period of at least ten (10) minutes during each four (4) hours worked except those employees who are under the Federal Railway Labor Act. This shall be in addition to the regularly scheduled lunch period. No reduction in compensation shall be made for hourly or salaried employees.

        LUNCH PERIODS
        Employers, except those subject to the Federal Railway Labor Act, shall grant their employees a reasonable period for lunch, and such time shall be as close to the middle of the employee's scheduled work shift as possible. In no case shall an employee be required to take a lunch period sooner than three (3) hours after the work shift commences, nor more than five (5) hours from the time the work shift commences. This section shall not be construed to negate any provision of a collective bargaining agreement or mutual agreement between the employee and employer.
        Somedays you're the windshield and somedays you're the bug.

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        • #5
          Originally posted by bnorris4183 View Post
          As far as my pay goes my checks would range from $1200 to $2000 over a whole month period for no less than 55 hrs a week.
          Based on what you have said, you cannot be Outside Sales. Your employer can try to claim that you qualify for one of the White Collar exceptions to the overtime laws, but those that would possibly effect you would require that you be paid (at least) $455 week. Arguably, if your employer is not paying at least $455/week, they are seriously dumb, because they would otherwise have a pretty fair case at making you exempt. Failure to follow the Exempt rules (if applicable) tends to make an employee Non-Exempt, which means minimum wage ($5.85/hr federa, and no idea for KY), plus paid overtime.
          http://www.dol.gov/esa/regs/complian...irpay/main.htm

          Assuming you fail the exempt tests (and I am not certain that you do - other then apparently the $455/week part), then we are probabably talking about the Retail - Inside Sales exception. I am going to attach a reference to the rules, but it is clear that these rules are not being followed.
          http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm

          KY is not my state and I cannot answer any KY specific questions. Your traditional remedies would be to either talk to a local attorney or file a claim with KY DOL.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Ky. - min. wage $5.85/hr. (same as federal)
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