Problems In The Workplace

[JohnErick]

What is the name of your state? California

My jobplace has several questionable practices, and we as employees need advice.

First, when people are hired, they are not being told that there is no lunch break. We are not sure what is signed during the hire-in process, but many people complain or quit when they find out there are only two breaks per 8 hr. shift. Actually, they were originally 2 - 15 min. breaks. Along the years, someone moved 5 minutes time to one break and labelled it 'lunch' at 20 minutes and one 10 minute break. Is this legal? Is it legal to not tell people there is not the typical lunch and two breaks? It seems strange because what could have been legal at 2 - 15 min. breaks is now only a 20 minute lunch and one 10 min. break.?

Also, you sign papers that state that you understand EVERYONE has to work one weekend day every week, no exceptions. Yet there are people that have come up with many different reasons and some have been given all weekends off. But others are still told they cannot have both weekend days off. If it says everyone/no exceptions, is this legal to deny others the same?

On a personal level, I do not have the best attendance. Twice I have been suspended without pay for 3 days. I was told there were others with worse attendance, but they have never been suspended. To the best knowledge of our leads/supervisors, I am the only person to actually have been suspended at all since I started there in April of 2001. Why are others with worse attendance records not being suspended at all and I've been suspended twice?

The last oddity, I found out 2 weeks ago that last Christmas all employees were given a Christmas bonus. It was only $50, but of course, at the time of that pay period, I was on my 3 day suspension. The bonuses were given out as separate checks along with the payroll, which I was able to come in and collect. It was mentioned that if all employees are being given the same thing by an employer, and the employer denies one employee the same, this 'could' be an act of discrimination.

Sorry for the long message, but is there anything wrong with any of these things? Are any of these things something we as employees or me personally should be pursing?

Thanks,
John E.

 

[cbg]

In your state, IF the work day is six hours or more, it is mandatory that you be given a 30 minute meal break within five hours of starting work, and a ten minute rest break for every four hours of work. If your work day is less than six hours, the lunch break can be waived.

With that exception, none of the things you mention are illegal of themselves. Circumstances will determine whether they are valid or not.

Obviously, we can't know for certain why some people are being exempted from weekend work, but be aware that there are valid reasons why an employer might make those exceptions, and because of privacy regulations he not only doesn't have to explain them, but should not. Just a couple of possibilities include FMLA issues or ADA accomodations.

The fact that you were told there were others with worse attendance who never got suspended does not make it so. Even if it is so, unless you were singled out for suspension because of your race, religion, national origin etc., it is not illegal. Most of the time, such disciplinary practices are at management discretion.

The same goes for the bonus. Unless you have a contract that guarantees the bonus, it is only illegal to withhold it, if it is withheld because of your membership in a protected group. If it was withheld not because of your race, religion and so on but because you were on suspension, that's legal.

All of this pre-supposes that you are a non-exempt employee. If you are an exempt employee, the break policy as it stands is legal; the unpaid suspension is not; the bonus information remains the same.