Would you go to HR if your manager wasn't giving you all your breaks?

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distinctlybeautiful
distinctlybeautiful Posts: 1,041 Member
I just started working two weeks ago. Yesterday was my first seven-hour shift. The book I got at orientation says any shift over six hours gets a thirty-minute unpaid lunch and two fifteen-minute paid breaks.

Yesterday a coworker told me they only get the lunch, not the two fifteens. I asked my supervisor about it, and he said I could take one of the fifteens but that I basically had to sneak it because the manager doesn't like it.

I don't want to be petty or be a pain, but I want what the book says I'm supposed to get. If I should be getting thirty more minutes of break (on the clock getting paid!), I want it. Since it's the manager not allowing it, it seems my only recourse would be to go to HR, which is at an office totally separate from the workplace.

What do you think you would do?

Replies

  • Keladelphia
    Keladelphia Posts: 820 Member
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    I'm not sure where you live (therefore what the laws are) but when you are working 7 hours and and taking a 30 minute lunch (and not the two 15 minute breaks) are you being paid for 7 hours or 6.5 hours?
  • katybowling
    katybowling Posts: 9 Member
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    Are you in the UK? If so you would only have 30 mins lunch, as 7 hours is a short working day. I work 8 hour days with an unpaid 30 min lunch and no breaks.
  • distinctlybeautiful
    distinctlybeautiful Posts: 1,041 Member
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    I'm not sure where you live (therefore what the laws are) but when you are working 7 hours and and taking a 30 minute lunch (and not the two 15 minute breaks) are you being paid for 7 hours or 6.5 hours?

    For 6.5 hours.
    Are you in the UK? If so you would only have 30 mins lunch, as 7 hours is a short working day. I work 8 hour days with an unpaid 30 min lunch and no breaks.

    I work on a U.S. military base.
    Villae81 wrote: »
    Its just a 7 hour shift is the job that tasking that you need your hour of break?

    No, but that's beside the point. If I'm entitled to thirty minutes of paid breaks that they aren't giving me, they're getting thirty minutes of free work out of me - and I don't work for free :)
  • km8907
    km8907 Posts: 3,861 Member
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    I would speak to your manager before asking HR. Did you actually ask him/her why they don't like it, or did you just take your supervisors word for it?
  • ew_david
    ew_david Posts: 3,473 Member
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    Does the book you got in orientation say something like "unless specified by your department"? If so, they're covered and HR won't do anything about it. But you'll earn a nice, shiny target on your back.
  • Keladelphia
    Keladelphia Posts: 820 Member
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    I'm not sure where you live (therefore what the laws are) but when you are working 7 hours and and taking a 30 minute lunch (and not the two 15 minute breaks) are you being paid for 7 hours or 6.5 hours?

    For 6.5 hours.
    Are you in the UK? If so you would only have 30 mins lunch, as 7 hours is a short working day. I work 8 hour days with an unpaid 30 min lunch and no breaks.

    I work on a U.S. military base.
    Villae81 wrote: »
    Its just a 7 hour shift is the job that tasking that you need your hour of break?

    No, but that's beside the point. If I'm entitled to thirty minutes of paid breaks that they aren't giving me, they're getting thirty minutes of free work out of me - and I don't work for free :)

    If you are in the U.S. federal law does not mandate breaks or meal periods. Break and lunch laws are mandated on a state to state basis. Here is a link to state laws https://www.dol.gov/whd/state/rest.htm.

    Why is your HR in a different office? Is it not your company's HR department? If your state doesn't mandate paid breaks you may have a difficult time from a legal persepective since it's up to the employer to dictate whether or not they want to give you breaks. However if it's in the employer code you certainly have a reason to speak with your (hopefully internal) HR department to at the very least get clarity on the policy and an explanation.
  • Keladelphia
    Keladelphia Posts: 820 Member
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    _dracarys_ wrote: »
    Does the book you got in orientation say something like "unless specified by your department"? If so, they're covered and HR won't do anything about it. But you'll earn a nice, shiny target on your back.

    Also this^^^ Be very careful about the wording in the code. It's unfortunate but true, especially for a recent hire.
  • meredithgir199
    meredithgir199 Posts: 243 Member
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    Are you wanting your break because you view it as an entitlement or because you need it?

    I work in HR for the government and @Keladelphia is right. Federal regulation doesn't mandate meal/break periods.

    If you need a break to get something to drink, use the restroom, etc, speak with your manager and try to resolve it at the lowest level possible. Since you've only been there 2 weeks you need to establish open lines of communication with your supervisor.
  • RachelElser
    RachelElser Posts: 427 Member
    edited July 2016
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    I would look up your state's laws, look it up in your company's policy book, then go to your manager with the attitude of, "I don't want to cause the company trouble, but we might be breaking the law/not following company policy"
    If those are the company's rules then you are entitled to those breaks.
  • YaGirlMaddi
    YaGirlMaddi Posts: 88 Member
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    I would go to your HR.
  • cross2bear
    cross2bear Posts: 1,106 Member
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    I would talk to the manager and say something like "Someone told me that I wasnt really entitled to (whatever the book says) and I wanted to check with you in case they were trying to fool the newbie - what is the policy here on breaks and lunch?" That way you get it straight from the horses mouth (or elsewhere, depending on the answer) and you can then decide what your next course of action will be. Maybe get it in writing if possible, so maybe in a friendly email you can have this chat.
  • Shana67
    Shana67 Posts: 680 Member
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    I work in HR, and my first question to you will be, "Have you spoken with your manager about this yet?". Always your 1st step. And in the state of Colorado, that is the LAW - 30 minute break and 2 15 minute breaks, per every 5 hours worked. So, talk to your manager 1st, and if you don't get proper resolution, then see your HR rep.
  • ninerbuff
    ninerbuff Posts: 48,667 Member
    edited July 2016
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    Why do you need to ask? It's LAW if it's approved by your state. If it's not being abided by, that's what HR is for. No fear from the manager because if they cannot abide, they will lose their position.

    Also, I see a lot of people saying talk to the manager. IMO, the manager SHOULD be addressing this first thing they meet the new person. They shouldn't be leaving it up to someone else.

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  • distinctlybeautiful
    distinctlybeautiful Posts: 1,041 Member
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    Thanks y'all. I appreciate all the input!