It is legal to work someone 8.5 hours without a break


Still_Small_Voice
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I work at a call center doing technical support for a company.  On October 5th at my work, they cancelled everyone's breaks and lunches because of high call volume and work load.  They did not provide food and made everyone work 8.5 hours the whole day.  I happened to have taken the day off.  I am glad I was not there that day. 

 

My company has done this once before to us.  I researched this and found this is not illegal in Utah.  There is also no Federal law against it.  As long as an employer allows you five minute bathroom breaks it is legal.  I think it is ridiculous that an employer can legally do that to workers.  It is morally wrong.  I think a 15 minute break should be required for every 5 hours of work legally unless you are a firefighter, police officer or another emergency services worker.

If they do that again to me I will walk out and take some attendance points.  I will work about 4.5 hours and then leave for the day.

 

I am presently looking for another job.  The place I work at has some bad supervisors and I feel the workplace has become toxic.

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In most states, yes.  

Is it ethical?  No.  

 

Does it increase production?  No.

 

They are playing hardball and you need to as well.  Here is a solution:

Kindly tell your employer to bring in some food or allow for a lunch break.  If they say no, ask for a raise.  If they say no, quit and take as many of your coworkers as you can with you.  Your company is obviously understaffed and losing employees at this time will probably be very detrimental to their production.  It is a risk, but what have you got to lose?

 

I occasionally work emergency shifts that are very long.  One time I worked for 62 hours straight.  We took short breaks every few hours with 60 minutes for breakfast and dinner.  It is the only way we were able to get the jobs done.  Breaks are needed.

Reasonable breaks increase productivity.  It's basic business management.  Work to live, don't live to work.  
 

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I have been dealing with my work lately by taking time off. Presently I am working 32 hour weeks. But recently my employer has said mandatory overtime (45 hours a week.)

They do not want to hire more people because they are in the hole financially. It is a toxic work environment lately. Management looking over our shoulders pressuring us to do more. I have started working slower. I know what my numbers are. I generally make them around $344 per day but they want more.

I have had two job interviews but no call backs for 2nd interviews yet. I have likely put in for over 30 different jobs.

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According to the State of Utah Labor Commission:

 

There are no state or federal laws that require an employer to provide lunch breaks or rest periods for adult workers. Most employers in the interest of efficiency and good employee relations will establish a policy governing leave and break periods. Minors under the age of 18 are entitled to a meal period of at least 30 minutes not later than five hours from the beginning of their shift. A rest break is required for minors of at least 10 minutes for every three hour period or part thereof that is worked.

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In Australia, I think the law says you cant' work longer than 5 hours without a break. I can't remember if the break has to be 30 or 45 minutes.  I think if you are rostered to work a 12 hour shift your employer also has to pay you a meal allowance. 

 

It might depend on what kind of job you are talking about. For example, I don't think that forum administrators or moderators should ever have a break of any kind or of any duration. And as for the idea of any of them ever having a holiday, well that's just absurd! :)

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It might depend on what kind of job you are talking about. For example, I don't think that forum administrators or moderators should ever have a break of any kind or of any duration. And as for the idea of any of them ever having a holiday, well that's just absurd! :)

 

I will be forever grateful that you don't make the rules.  :P

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Yeah, pursue another job.

 

It bothers me particularly that seemed to have changed the policy on you without your consent.

 

I know some jobs you have to work without official breaks.  For instance, my husband once worked at a small bunches, where he was the only employee at times.  So he took unofficial breaks and lunches when there was a lull in customers.  He knew this before he was hired.  I supervise several employee's myself, and sometimes our work requires 6 hours of constant work.  Each of my employees knew this before they were hired.

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I've worked some retail jobs where I was the only employee for an entire shift at the store.  You don't get the luxury of a break or lunch.   Your bathroom breaks consist of running to the bathroom in between customers.  :)

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I worked for a call center in Utah for a few months on the old Novell campus in Orem, while I was going through the law school application process.  It was pretty routine for breaks/lunches to get suspended during periods of high call volume.  I could roll with it for the first few weeks, until it became clear that the situation was neither unforeseeable nor accidental--corporate was refusing to take on new hires, in spite of high demand and high labor availability, because they wanted to keep their costs down.

 

I kind of regret not having tried to get a unionization movement going.  I still hear horror stories from former co-workers.  It's a terrible company, run by terrible people.

Edited by Just_A_Guy
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Guest MormonGator

I worked at a call center in college. Best job I ever had. I got paid to sit on my butt, play Game Boy and read books. It was a womens clothing company so I was surrounded by beautiful women too. Loved it.  

OP-Remember that most of us aren't lawyers. I would hate to see you follow someones advice here (not that it hasn't been great!) and get in trouble. 

Edited by MormonGator
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When I was a manager at a call center, there were times when the call volume was so high we had to cancel lunches and breaks.  We always brought in lunch/snacks and drinks though.

 

But to me it wasn't so much that they compensated us with free lunch etc.  You need to be able to get up and move around a bit every so often.  Sitting 8 hours at a computer screen taking call after call is not good without being able to get up on occasion.

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I wish I could find a job that is decent.  I've had only two job interviews since I started pushing out my resume and I have almost four and a half years of experience as a Service Desk Technician/Analyst.  One was for a job in Taylorsville that seemed like a decent place to work.  But it is 35 miles from me so I asked for $18 per hour.  I don't think they will be calling me back probably because they found someone else for $16 per hour or lower.

 

I am currently making about $17.60 per hour.  I would be willing to take about $15 per hour if I could find a decent place in Ogden.  I won't touch Teleperformance or Convergys.  They both run toxic call centers like where I am working at. 

 

 

I thought Utah had a million IT jobs for the taking. At least, people keep telling my husband so.

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I'll Second Pam's comments on Convergys. It's pretty toxic, but as far as I can tell, pretty much all call center work is exceedingly toxic. Don't do it.  Don't suggest your friends do it.  Now I'm pretty much the most anti-union person on the planet, but 95% of the call centers in the world benefit greatly from mass simultaneous walkouts. There's no reason to put up with the vile behavior and abuse you have to put up with both from the customers and management.  

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I work at a call center doing technical support for a company.  On October 5th at my work, they cancelled everyone's breaks and lunches because of high call volume and work load.  They did not provide food and made everyone work 8.5 hours the whole day.  I happened to have taken the day off.  I am glad I was not there that day. 

 

My company has done this once before to us.  I researched this and found this is not illegal in Utah.  There is also no Federal law against it.  As long as an employer allows you five minute bathroom breaks it is legal.  I think it is ridiculous that an employer can legally do that to workers.  It is morally wrong.  I think a 15 minute break should be required for every 5 hours of work legally unless you are a firefighter, police officer or another emergency services worker.

If they do that again to me I will walk out and take some attendance points.  I will work about 4.5 hours and then leave for the day.

 

I am presently looking for another job.  The place I work at has some bad supervisors and I feel the workplace has become toxic.

if there isn't anything in the lawbooks that you can find, the next thing i'd look at would be the contract. After that there might be some clause somewhere in regards to people with disabilities or health problems (dunno if any of that would apply in this case tho).

That said i'd probably take a look at the company policies on bathroom breaks and having snacks in the work area after that (if they aren't specific i could probably figure some way to use/abuse those).

Otherwise pretty much what str8shooter said.

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It's actually only gotten toxic the last few months.  We were not treated really bad here until recently.  I have worked here almost four and a half years.  The company ran into financial problems and think they can get more money cutting staff and just working us hard.

 

I have been working with one temporary agency and so far they have gotten me zero interviews.  I just keep taking off one day a week for now to keep putting up with the lack of staff.

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Fyi- Here is some fun ammo:

When a boss promises a lay off if things don't change, tell them "Don't threaten me with a good time." or "I was looking for a job when I found this one."

Two of my favorites. It will also let you know where you stand with the company....really fast. :-)

Edited by Str8Shooter
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  • 1 month later...

Here is an update on this subject.  A supervisor who was making about forty people miserable was terminated on the 30th of November 2015.  Thus far since he is gone the work environment has improved.  We shall see how the environment continues.

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  • 1 year later...

It has been one year since I posted on this subject.  I am still at the same place of employment regretfully.  I was moved to another workgroup and work conditions are only a little bit better.  Thus far I am supposed to start another job around February pending on me getting a Security + certification. 

I feel I am burnt out.  Our first two weeks of January are the worst.  I have been thru this five times before.  We are understaffed and I am just tired of this place and the work demands.  I know it is bad to not put in a two week notice but they earned this.  I may resign next week because I do not think I can deal with two more stressful weeks of work.

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