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  1. #1
    Join Date
    Nov 2016
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    Default What Can You Do if Your Employer Doesn't Give You Breaks

    My question involves labor and employment law for the state of: Washington.

    I've been working in dental field for over ten years and I have seen a pattern with these private dental businesses and can't find a solution for it. The employees in a dental field, for instance; dental assistants and hygienist don't typically get any breaks in between work. Also, that time is not compensated either. I know legally workers can take 10 minutes break for every four hours of work. However, that concept doesn't exist in the dental field. At the time of interview employee will give you an option to take a break but once you start working you realize the employer will push you to do other tasks.

    Also, in terms of benefits for the employees, many offices at the time of interview will mention that employees will receive their benefit package after after 90 working days but after start working you are informed that you will be eligible for benefit package after a year.

    I've talked to the employment lawyer in the Seattle ares and I was referred to work with the Union. However, we haven't had any progress and since almost all of these dental practices have small numbers of employees, there is no reason for them to be a part of union. I am wondering if there are other options that I have't explored yet? What can I do to change this unethical pattern?

    Thanks

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    Quote Quoting rorex356
    View Post
    My question involves labor and employment law for the state of: Washington.

    I've been working in dental field for over ten years and I have seen a pattern with these private dental businesses and can't find a solution for it. The employees in a dental field, for instance; dental assistants and hygienist don't typically get any breaks in between work. Also, that time is not compensated either. I know legally workers can take 10 minutes break for every four hours of work. However, that concept doesn't exist in the dental field. At the time of interview employee will give you an option to take a break but once you start working you realize the employer will push you to do other tasks.

    Also, in terms of benefits for the employees, many offices at the time of interview will mention that employees will receive their benefit package after after 90 working days but after start working you are informed that you will be eligible for benefit package after a year.

    I've talked to the employment lawyer in the Seattle ares and I was referred to work with the Union. However, we haven't had any progress and since almost all of these dental practices have small numbers of employees, there is no reason for them to be a part of union. I am wondering if there are other options that I have't explored yet? What can I do to change this unethical pattern?

    Thanks
    Are you free to go to the bathroom, or get something to drink, or make a needed phone call as needed? If so, then it would be normal not to have a formal break.

  3. #3
    Join Date
    Jan 2015
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    1,142

    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    Your state's wage and hour division of the Department of Labor would be the group to talk with. However, I am afraid that you may find out eventually that these little medical and dental offices have done nothing illegal and that basically, they do not have to do anything at all except pay their employees at least the minimum wage for the hours they actually work.

  4. #4
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    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    What llworking is describing is an intermittent rest period, detailed here.
    Quote Quoting ES.C.6 - Meal and Rest Periods. What are intermittent rest periods?
    Employees need not be given a full 10-minute rest period when the nature of the work allows intermittent rest periods equal to ten minutes during each four hours of work. Employees must be permitted to start intermittent rest breaks not later than the end of the third hour of their shift. An “intermittent rest period" is defined as intervals of short duration in which employees are allowed to relax and rest, or for brief personal inactivities from work or exertion. A series of ten one-minute breaks is not sufficient to meet the intermittent rest break requirement. The nature of the work on a production line when employees are engaged in continuous activities, for example, does not allow for intermittent rest periods. In this circumstance, employees must be given a full ten-minute rest period.

  5. #5
    Join Date
    Nov 2016
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    5

    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    I see your point. In between patients you get a chance to use the bathroom. But a normal working day at a dental office is usually over eight hours and most of the times employees work 12 or up to 14 hours shifts, with 30 minutes lunch. It's unethical to go that long without any breaks. I understand it is productive for the dentists but there has to be a way for these employee's voice to be heard.

  6. #6
    Join Date
    Oct 2016
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    4,301

    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    Read through all of this. http://www.lni.wa.gov/WorkplaceRight...ks/default.asp Especailly this part:

    When must a worker get rest periods?
    Workers must be allowed a paid rest break of at least 10 minutes for each 4 hours worked.
    The rest break must be allowed no later than the end of the third hour of the shift.

    Can workers take several "mini" breaks instead of a 10 minute rest break?
    Yes. Businesses may allow workers to take several "mini" breaks in each 4 hours of working time. If these mini breaks total 10 minutes this substitutes for a scheduled rest break.
    Examples of mini rest breaks are personal phone calls, eating a snack, personal conversations, smoke breaks, and whenever there is no work to do for a few minutes during a work shift.
    It is from the Washington State Department of Labor & Industries. If you think your employer is violating the break law report it to the WSDLI. What you think is unfair or unethical doesn't matter in the least. What matters is the law and how the Department and Courts have interpreted it.

  7. #7
    Join Date
    Nov 2016
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    5

    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    I can see your point. Employees get a chance to use the bathroom in between seeing patients and that's all. But sometimes you will work up to 14 hours and there is still no break and if lucky 30 minutes lunch. People sometimes have to work through lunch because dentist will take an emergency patient. The law states workers are allowed to get 10 min for every 4 hours of work or It is the choice of employees to take mini breaks but almost at all times it is a coerced action and as an employee you don't have an option to pick. You are just forced to work through it. I mean where is the limit?!

    I am not talking about something being unfair or feelings but rather it is simply against the law to outwork your employees just because you can. I appreciate your input and I am tying to find a possible solution/s that can put all these dentists to follow the law rather than just filling a complaint about a few of them.

  8. #8
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    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    There are no laws anywhere in the US that prohibit employers from overworking their employees. If breaks are required by law in some states, then employers in those states must provide breaks. But if breaks aren't required by law (and in many states, they aren't), then employers in those states do not have to provide breaks - and there's nothing employees can do about it.

  9. #9
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    You can complain to the state, you can talk to an employment lawyer, or you can talk to the employer in question and hope he sees the light.

    Them's your options.

  10. #10
    Join Date
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    Default Re: What Can You Do if Your Employer Doesn't Give You Breaks

    Quote Quoting cbg
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    You can complain to the state, you can talk to an employment lawyer, or you can talk to the employer in question and hope he sees the light.

    Them's your options.
    OP did talk to an employment lawyer, and said lawyer referred her to the union. She isn't making any progress with the union because most of the employees aren't union members.

    This isn't the OP's issue, it's an issue for a bunch of employees who work for different employers. So OP can't complain to the state either. I think OP's only option is to get the employees in question to file individual complaints with the state.

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