What can I do if y employer and I had an arguement about legal rest breaks and now my hours have been cut?

UPDATED: Jun 28, 2015

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What can I do if y employer and I had an arguement about legal rest breaks and now my hours have been cut?

What started the disagreement, was being told I would not receive my 10 minute breaks for my 8 hour shift. I stated that what she was doing was against labor laws. She told me to clock off and go home. Now my hours are cut from 32 a week to 18. She also insists that bathroom breaks are to be taken on either my lunch break or my 10 minute breaks. My usual shift is 1:30 pm to 10:00pm, with a lunch break at 3:00-3:30 pm, and a 10 minute rest break at around 7:00 pm or when convenient. What can i do about this issue?

Asked on June 28, 2015 under Employment Labor Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can file complaints with various labor organizations/agencies.  OSHA would be a good starting point, especially if the break schedule creates a risky work environment.  The other agency would be your local workforce commission.  Sometimes the mere filing of a complaint is enough to get an employer's attention to straiten up.

A less formal complain process is to go through your company's human resources department.  More and more companies are offering procedures for dispute resolution.... which may help resolve what appear to be break issues, but also personality differences between you and this supervisor.

These types of issues are also the reason that unions came into existence.  You can reach out to an area union for support as well.  If you and another work collectively try to improve the working condiions and the company continues to retaliate against you, you could then file a complaint with the federal labor relations board.

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