Where to find laws concerning workers rights (breaks, food cost deductions and such)

fizzacyst

fizzacyst

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I'm not looking for someone to do the research for me, but I am honestly a bit clueless as to where to start. I'm in AR, USA, and trying to find out about the laws regulations, etc that govern things like employee breaks and the like.

Specifically I'm trying to find out if you are required to get a certain amount of break minutes per certain number of continous work hours (fairly sure you are entitled to something there), and also what constitutes a "break" to the law.

I feel like my GF is getting screwed and am trying to help her out here. She will work 8-12 hours in a restaurant (waitress) and rarely is allowed a break. When she does get one, she must remain on her feet and in the front of the restaurant... you know, where customers can wave her over and make her get them more drinks or whatever. So when she gets a "break" she is usually still working.

They also deduct a meal fee from her paycheck regardless of whether or not she chooses to eat the food. Honestly, its really unhealthy crap and nobody wants to eat it every day. That seems like punishment to me. But anyway, my question here is... is that legal? I understand the whole thing if they are making use of it, but workers do not and would prefer to bring their own food that does not reduce their lifespan and clog arteries, etc. Some workers just plain cannot (for health/dietary restriction reasons) or do not wish to eat the type of food served.

If the employee does not use this, they are still required to have the meal allowance deducted from their paycheck. I do not understand this. This seems like robbery to me.

Thanks for any help, experiences, info, or links to where I can read up on this sort of thing (much, much thanks actually. this has really been bothering me for a while now).

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Meal fee?

Sounds like the owner/management is a cheap, overbearing fuck.

You usually can't win in these situations. Bringing in the labor codes usually results in dismissal for trumped-up allegations or in unpleasant working conditions after an employee takes action.

Probably better for your GF to find some humans to work for. :\
 
Its a major corporation, so I doubt bringing up the codes would help, but I don't know what the codes are or where to find them, which is what my problem was.
 
Check with your State's Labor Board. Sadly, waitresses are notoriously underprotected by state labor laws.
 
You have no rights to a break, sorry.

The "meal fee" thing is a little different, though. They can't charge you for something you didn't use unless you signed a contract or agreement when you accepted their offer.
 
Have GF says she's dyslexic and thought the agreement said "free meal." ;)
 
Wow that sucks. I didn't realize the laws were that crappy, but you're right, they dont require one on a federal or state level. I've never worked a job that either didn't give regular breaks (or a lunch hour instead or whatever), or just let you get up and go outside for some air when you felt like it.

I don't think she signed an agreement. I would be really surprised if she did, but I'll check. Of course, that doesn't mean that they would still force her to pay it anyway and then punish her in some way for not wanting to pay it.

It seems like in some occupations it would be hazardous to NOT let an employee take like a 15min break every 6 hours or so... in construction, warehousing jobs, etc where thigns can be boring as hell and a lapse in concentration can hurt someone. It seems so weird to me that isn't regulated in some way.
 
I'm 99% sure that in California there are mandatory breaks for servers. I think it's even called a "California break." It happens all the time here that a waitress gets switched on us in the middle of a meal because one is going on break or coming off break. It seems normal for us.
 
Johnny1 said:
I'm 99% sure that in California there are mandatory breaks for servers. I think it's even called a "California break." It happens all the time here that a waitress gets switched on us in the middle of a meal because one is going on break or coming off break. It seems normal for us.
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Correct as to CA. Fizzacyst is in AR. I live in California as well. I have never seen what you describe.

I'll look up the code in AR's law unless one of you would be kind enough to do it for me... I'm up pretty late and I need sleep.
 
FILTHY44 said:
Well in california atleast...
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Everywhere in the US.

Food cost deductions sounds shady, its not like she has to eat there. By law, employers must provide a certain amount of break time. It varies state by state.
 
phactor said:
By law, employers must provide a certain amount of break time. It varies state by state.
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That's not true. It does vary state by state. But some states have no such law at all.

See this FAQ answer from the U.S. Dept of Labor on breaks and meal periods.
 
Yeah, I checked that out. Federally there is no break requirement. I guess the states vary, and in Arkansas there is no such req. We're an "at will" work state, or whatever the term is, so they can fire you for whatever reason they want as well.. unless its a discrimination issue. So that kind of sucks too.

I'm still trying to look into the meal deduction thing, but I'm not getting anywhere with that. The break thing is lame, but nothing to do about that one I suppose. I can't see anything in an employment laws I looked at about that... not sure where to check up on that.

Is there like an office in town where I could go ask about this? Or will they just tell me to talk to a lawyer? This seems so shady to me, like they are trying to weasel their way out of paying the employees as much as they can.

Oh well, I'll keep at it as I have time.

Thanks for all the responses guys.
 
Government should not intrude in the free market. Ultimately you have the choice to quit one employer and seek another. In some communist or socailist countries you will be schooled for one particular job and you will have that job all of your working life. No thanks to that. I'd rather work for whom I please.
I am sure that most of us if we added up time spent at work at which we are persuing our own interests would far exceed any mandated break time anyway, servers included.
 
I don't live in a communist or socialist country and that really has no bearing on whether or not it is legal for an employer to require employees to have a meal allowance deducted from their checks, which is the issue at hand. I'm not saying that I wish they regulated the market to the point that you were not allowed to decide on your own career path, just that I think that in some cases mandated breaks would be a good thing, for safety reasons.

I think your view would be a little bit different if it were something that really affected you, though... such as the government deciding to stop interfering by requiring your employer to pay the appropriate taxes to cover unemployement insurance for when/if you were to be laid off or the company were to fold or the like.

If you are able to work for whomever you please, you probably spend most of your time pursuing your own interests anyway... or you wouldn't be pleased enough to continue working for them and exercise your right to quit and then work for whomever else you please.

Some of us are in less fortunate positions, though, or life circumstances require us to work for someone that we don't really care to work for, sometimes for longer than we might like. So personally I am glad there is some regulation of the labor market.
 
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