Legal Question in Employment Law in Washington
30 minute breaks
My husband and my mother both work at the same restaurant, one of a large chain. They are, weekly, denied their breaks, their hours are cut if they request days off (even if those days aren't required!), they are punished for staying over, but the thing is..only SOME employees are punished like this. Others come hours late, no-call-no-show often, refuse to work certain days, and yet they get no ''punishment''. This is not what bothers me...it's the lack of breaks. The manager is aware of this, and he is also aware of the reason: employees are punished for not making ''speed of service'' standards (how fast the customer gets their food), and yet the shift is given only 3 or 4 employees so the shift leader cannot let the employees have breaks without missing speed of service. the manager is aware of this and refuses to give the shift an extra person, and also refuses to come in or even answer his phone if someone calls out. The assistant manager is doing all she can, but she doesn't have any power to add that extra person. Do my husband and my mom have any legal recourse against this manager and/or the company, and how would we go about this?
2 Answers from Attorneys
Re: 30 minute breaks
Employees are entitled to a 10 minute break for every four hours worked, and must also be given an unpaid 30 minute meal break if they work shifts of five hours or more.
Your husband or your mother may want to file a Worker Rights Complaint with the Department of Labor & Industries. They can download the form on the L & I web page or get one from the nearest L & I office.
As a practical matter, they should be aware that this may make life at work a bit more strained. The employer cannot legally take adverse action against them because they are exercising their statutory rights, but this employer has already demonstrated that it does not always follow the law. (If either one is terminated for filing the complaint, he or she will have a basis for a legal claim against the employer, but let us hope it does not come to that.)
Re: 30 minute breaks
I agree with Ms. Beecher's response, but wanted to let you know that I think life is too short to work under such barbaric conditions.
Find another job, even if it pays less. You will all be happier. Why stay and work for such a horrible employer?
Merry Kogut
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