If you work an eight-hour day, chances are your state requires that your employer give you some form of beak every few hours and some personal meal time. But if that break comes right before you leave for the day, is it really a break?
That’s what one worker is asking the community on Reddit’s r/antiwork.
My boss wants me to take all my breaks at the end of my shift, is there anything legally against this?
byu/pineappleproblem69 inantiwork
Redditor u/pineappleproblem69, a worker from Oregon, posted his troubles in the r/antiwork subreddit, which describes itself as being “for those who want to end work, are curious about ending work, want to get the most out of a work-free life.”
The user explained their problem about a supervisor who refused to let them take their break at any time during their twelve-hour shift other than immediately prior to clocking out for the day.
“I’m working a 12-hour shift and my boss won’t let me take a break at 6 or even 8 hours,” he told the community. “I’m taking my 30-minute break instead at the end of my shift when the work is done. I got a disciplinary point for arguing this. Do I have any ground on this?”
“That’s not a break. That’s going home early,” one commenter replied. The worker clarified that after the break they, “still went back inside and did paperwork.”
Another user told the worker that break policies should be clearly displayed along with other Department of Labor rules somewhere in the workplace. “Not having the poster displayed in an employee area is normally a violation of the law as well,” they added.
A third commenter told the worker to reach out to the Oregon Bureau of Labor and Industries, writing, “I’m a union steward in Oregon. File a complaint with BOLI … Your employer is breaking the law.”
According to the BOLI website, “if the work period is at least six hours but less than seven hours, the meal period is to be taken after the second hour worked and prior to the commencement of the fifth hour worked.”
Someone else also pointed out, “If you are doing paper work on your lunch/break- then you are doing work. That doesn’t even count as a break.”
According to an update on the same post, the Redditor was informed by BOLI via email that, “Depending on what was written in your contract, you should bring this to a union steward, so they are able to file a formal grievance if you feel the employer was in violation.”
The email also stated, “Normal labor law regarding rest & meal periods state you must take your breaks divided up evenly throughout your shift.”
The Daily Dot has reached out to user pineappleproblem69 via a comment in his Reddit thread for further information.
