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Is It Legal to Deny Someone a Break After 4 Hours of Work

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  • 09-29-2011, 12:35 PM
    DemonDragon
    Is It Legal to Deny Someone a Break After 4 Hours of Work
    My question involves labor and employment law for the state of: Virginia

    My BF works at a call center, and he works part time, thats 6 hours a day, 5 days a week. Normally, his breaks are around 3:30 and then 4:15 PM. He goes into work at 2:30 pm. And gets off work at 8:30. Is it fair, or legal to deny him a break after working over 4 hours?

    He went to his supervisor and she refused to let him take a break when he had to use the restroom. Stating that because he works part time, he isn't allowed to have a bathroom break beyond the 2 poorly scheduled breaks. He's had this issue several times and has tried to get his supervisor, and others above his position to fix his schedule, to break up the breaks in a more consistent way, but they refuse, and tell him that they can not change the schedule on such short notice.

    Though, not a month or so ago, he had 2 breaks in the same hour and went to the scheduling supervisor and they changed it immediately before he'd left the office. I am pretty sure he's being jerked around, what can he do to protect his rights and get fairly scheduled breaks in his work day?
  • 09-29-2011, 12:46 PM
    Mr. Knowitall
    Re: Is It Legal to Deny Someone a Break After 4 Hours of Work
    What type of "call center" are we talking about? Some type of emergency hotline? The type that interrupts us during dinner hours to try to get our money?

    How old is your boyfriend?

    In general terms, an employer is supposed to make bathroom facilities (and the opportunity to use them) reasonably accessible to employees.
  • 09-29-2011, 01:05 PM
    DemonDragon
    Re: Is It Legal to Deny Someone a Break After 4 Hours of Work
    Its a call center for radios. XM/Sirius, he works in activations. Basicly, when someone calls in to buy or activate a radio, thats who they are calling. He's not part of outbound where he harasses common folk.

    He is 21, and he's worked there about 6 months. He has access to them, but they threaten him with points(their work system, 5 points total and they fire you) when he tries to use the restroom during the 4 hours he's not given a break. more often then not, he'll go 3-4 hours every day without a break. They like to schedule them right as you get in the door. Its a terrible place, but the only place that was hiring at the time.
  • 09-29-2011, 02:06 PM
    cbg
    Re: Is It Legal to Deny Someone a Break After 4 Hours of Work
    Neither Federal nor Virginia law requires that he be given any breaks at all. Not meal breaks, not rest breaks. There is case law that requires that he be given enough time to use the rest room. That's all the break he is legally entitled to.
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