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break realted questions in MO Missouri

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  • break realted questions in MO Missouri

    i have noticed my employer taking 30 mins off of my time card for every day i work for "breaks" i am not taking any breaks except the 1 or 2 cigarettes. I read the law on this which i found here: http://www.dolir.mo.gov/LS/brochures/29-AI.pdf . it says i must be completely relieved of my duties and be off the clock.
    my time cards have not had me clock out for any reason other than to leave.
    i would like to get my 30 mins a day for the last 5 months back.
    am i able to sue for the back pay?
    would i have a good enough case to present?
    how much more could i possibly get from this?

  • #2
    As long as the amount owed you is less than $3,000 you can sue for the amount owed in small claims court, as opposed to a wage claim with the DOL. MO law allows for the possibilty that you could also receive some liquidated damages; there is no guarantee that you will and no way for us to tell what a court might decide.
    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
      how can i get ahold of the DOL?

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      • #4
        You pick up the phone and you call them, I would imagine.
        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
          You can't file the wage claim through the "Mo. state DOL" though - they don't pursue wage claims. Your best bet is through the court system in Mo.

          If the amount claimed is less than $3,000.00 the employee can file for the amount due in Small Claims Court or by private legal counsel for a greater amount. Wage claims must be collected by legal action.
          Last edited by Betty3; 10-16-2009, 01:43 PM. Reason: add info
          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

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            don't all employers have to have the labor law poster posted visibly in the building where all employees can see it?

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            • #7
              Missouri labor law mandates that an employer with one or more employees post the Missouri labor law posters and federal labor law posters for employees to view and know their labor law rights.

              Doesn't your employer have any labor law posters posted for view by employees?
              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

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                not at all.

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                • #9
                  You can report them if you like, but the result would probably be "put up the required posters" and a slap on the wrist. Perhaps a small fine.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    You take breaks, and now are complaining about the legal deductions. HMMM

                    In my experiences with smokers, they run a cigarette break into 15 minutes, no problem.

                    I do not see a court deciding in your favor. By admitting to 2 cigarette breaks a day, you cover the time deducted.

                    The labor law posters are another subject. They must be displayed in a place where all employees can see them. If I were you I would

                    1. ask if you can clock out for lunch.

                    2. ask about the labor law posters.

                    In MO, the unemployment situation is such where it is an employers game. I hate to say this, but if you make an employer mad, it is a bad reference, and makes it harder to get another job.

                    Good luck.

                    Comment

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