Employee Manual vs. State Law

[Tivoli]

What is the name of your state? Arizona

I am a new front desk employee for a national chain hotel and I am concerned with the fact that management doesn't seem concerned about enforcing and regulating rest periods/meal breaks for part-time and full-time employees. Employees are never officially relieved for breaks/meals and, at best, try to fit in eating during an 8-hour shift when they can, even if that means being interrrupted.

I was dismayed to learn that Arizona doesn't have any laws regarding mandatory rest periods/meal breaks for employees. Even though the state law isn't behind us, the Personnel Manual distributed by the National Management Company states that all employees must take an unpaid 30 min. meal break when scheduled for 5.5 hours or more, and it also states that a 15 min. paid rest period is allowed during a 4-hour work period. Does the Company's Personnel Manual supersede the local state law? And can I insist on my rights to take break periods based on that manual, and have the national company back me up just like the LAW would?

Also, is there a law on minimum turn-around time between shift assignments? Some full-time employees are scheduled to work until 10 PM, and expected to return to work the next day at 6 AM!

 

[Beth3]

I was dismayed to learn that Arizona doesn't have any laws regarding mandatory rest periods/meal breaks for employees. Very few States have any laws that address this other than for minors.

Does the Company's Personnel Manual supersede the local state law? Nothing supercedes the law. I think what you're asking is whether an employer HAS to follow their own policies. The answer is no.

And can I insist on my rights to take break periods based on that manual, and have the national company back me up just like the LAW would? No one here would know how corporate headquarters would respond if you insist on taking break periods against the dictates of local management. Internal company policy is not legally binding. You certainly may ask about taking breaks and rest periods but if you go about this the wrong way, you could end up fired for insubordination so I suggest you don't go to your manager waving the policy manual in his/her face and announcing you are GOING to be taking breaks regardless of what he/she says. The tail doesn't wag the dog.

 

[cbg]

If there is no law in your state (and you are correct, there isn't) then it is entirely up to the employer whether to offer breaks or not. So there isn't any question of state law superceding the manual, or vice versa. Since there is no state law, if the employer wishes to offer breaks they may, and if they don't want to they don't have to. The fact that there is an employee manual saying breaks will be offered does NOT mean the employer is required to offer them; the fact that there is no state law does not mean that the employer CANNOT offer them if they choose to.

If you are asking whether the national headquarters is required by law to back you up if you insist on your breaks, the answer is no, they most certainly are not. And you would be extremely unwise to make any such demands, at the very least until you find out if national headquarters will support you, and depending on factors we cannot assess here, maybe not even then. You do NOT have a "right" to a break unless your employer chooses to give you one. The law would NOT back you up.

No. There is no minimum shift turn around. They can require you to work until 10:00 and then require you to come back at 10:15 if they want to.