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Cut pay for restroom breaks Ohio

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  • Cut pay for restroom breaks Ohio

    I live in ohio and am filing an appeal for unemployment that was denied. One practice that my former company put into place was canceling breaks and lunches at anytime. Now I know there is no legal standing for me on this issue or having the breaks or not as there is no law in ohio about it, but according to the unemployment booklet, firing can be be without just cause if a person "is required to perform work that vioaltes or was contrary to accepted moral or legal standards.

    My question is, if my employer changed their original policy after i had started employment, and said that if you take a restroom break you would be docked in pay if you did not work longer than the required shift, would that be grounds contrary to accepted moral standards. I am pretty sure denying someone the ability to use the restroom without docking pay is against moral standards, at least to me it is.

  • #2
    If you take a break of less than 20 minutes, federal law requires that you be paid for the break. No laws in any state can make the federal requirements disappear.

    However, there must be more to the story.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      The story goes that the company I was working for was tired of people taking too long of breaks and not "signing out" of call center phones. They used to give you a 15 minute break every 4 hours without making you sign off. They at any time though would take away those breaks and say no law required it. So they started making it mandatory that if you took any breaks you had to clock out of the phone. So if they took away your breaks for the day, you were told that you had to clock out of your phone to take a restroom break and make up for it by staying later in the day. If they did not take away the breaks for the day then the restroom breaks would come off of your break time.

      Horrible situation that causes many people to leave on a frequent basis.

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      • #4
        File a wage claim with federal or state DOL.

        http://www.dol.gov/dol/topic/workhours/breaks.htm

        http://www.dol.gov/dol/allcfr/Title_...9CFR785.18.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Thank you very much, this should be a big help in my appeal. Many other issues are involved in determining the unemployment issue but this is a major one that i needed clarified.

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