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Worked to death

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whatever2014

Junior Member
What is the name of your state (only U.S. law)? CO
Could not find a category that fits, sorry Legal Eagles if I am in the wrong place. My work schedule is picked weekly, sometimes picked for me without calling me if I am not there. When I pick 20 hours a week to try to keep within SSN limits for maximum yearly pay without penalty, I am given two days additional bringing my weekly total to 30-40 hours a week. When my assigned hours are extended due to illness call offs or vacations I am expected to stay several hours over many times in order to complete the work and am told I have to stay. Sometimes this is until after 11pm at night when I was scheduled to leave at 9pm. The shifts are configured so that I have to take a lunch break after 5 hours and sometimes not, but knowing that the work will never be completed before the 5 hours I know I will have to take a lunch break. The shifts are now configured so that two 8 hour jobs are now scheduled for 1 person in a 5 hour period. The union says they can do nothing about this. Consequently, the people under me are working less hours when they want more and I am working more hours and wanting less. With this scheduling seniority means nothing. Bottom line questions, do I have to stay over my scheduled hours? What does Colorado law actually require as far as a 30 minute lunch break after how many hours? Thank you.
 


justalayman

Senior Member
Barring a rule in your contract stating otherwise you have to work whatever hours your employer tells you to work That includes staying over or anything else they tell you to do. Your work hours are at their sole discretion.

I'll have to look for the lunch break laws

I'm back.

The only requirement I have found stated that if a workday exceeds 5 hours you are required to be given a 30 minute (minimum) lunch break. Nothing I found addresses when it must be given
 
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indebtt

Junior Member
Hopefully this can help a little.

http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305420
 

cbg

I'm a Northern Girl
Unless your union contract expressly and in so many words gives you the right to decide how many hours you work and when you will work them, you work the hours your employer says you work, period. If you're not given the breaks required to you by law, you can file a complaint with the CO DOL. However, in your state and in many others, you can be required to work 24/7/365 (minus the breaks CO requires) and it would be legal as long as you were paid properly.

Your issue is with your union. If they say they can't help, you're stuck, because nothing in the law says you have to be able to pick your work hours, or that work hours have to go by seniority.
 

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