My best friend works in a video store, so I went in there to get a movie and talk to him while he was working. He explains to me that throughout the night, his new manager has taken at least 10 smoking breaks, leaving him to work by himself in the store. As a rule in the store, you are given 15 minutes of break for every 6 hours that you work, unless you need to go get some kind of food, and then they’ll give you a little bit more. The manager, having worked only 7 hours, took a food break and then nearly 10 cigarette breaks. When my friend confronted him on the issue, saying that he would take equal breaks because it is unfair that he has to work when he doesn’t smoke was told that he would be fired or lose his dinner break if he tried it. Anybody know anything about this or what my friend can do to get equal breaks because this just seems completly messed up?
The answer would depend entirely upon your local jurisdiction. Some states, cities, etc., have prescribed by law the requirements for breaks, while others have not. Check with your local unemployment office, they would be able to provide you with all of the applicable labour laws, without cost. If y’all prescribe to unions where you live, they would also know. The local courthouse or government offices, such as mayor, could also be of assistance.
In what way is it messed up? There is no law that stipulates that your friend should get the same number of breaks as the manager. If he has a problem with it, and the manager hasn’t resolved the matter to his satisfaction, he should go to the manager’s boss. His problem is a corporate one, not a legal one.
It is good to be the king:)
There are quite a few smokers where I work (myself included,) and I’ve heard people bring up the same complaint in the past.
Break policy is: 15 min of break for every 3 hours worked(plus lunch, of course). Generally, we all step outside to smoke about once an hour (depends on how busy we are, of course). Each smoke is approximately 5 minutes long.
Luckily for us it all works out to the same 15 min.
Of course some non-smokers don’t see it that way and have tried to have something done about it. Management seemed disinterested in creating friction by enforcing the 15min/3hr and even suggested to the non-smokers that if they want to get 5 minutes of fresh air and chit-chat each hour to go ahead.
Everyone’s happy. No ‘legal course of action’ could’ve produced that. Tell your friend not to piss-off his boss, but to instead suggest to his boss that he be allowed the same oppertunity to get some fresh air.
Well, there’s my two cents.
-Marky