Are part-timers required to "punch out" before using the "can"

State Supreme Courts may have ruled this, but the federal SC hasn't. It's accepted as a states' issue and the conservative majority of the federal SC has rarely ruled in favor of labor anyway.

This was a topic in my business law class a year or so back: an employer cannot prohibit bathroom breaks, but it has the right to ask the employee to cock out to do so - unless local law dictates otherwise (and unless you live in one of the few very bight blue states, it likely doesn't). OSHA use to champion against this, but changed its stance to indifference under the Bush Administration.
Cock out!!?? What the heck is that??..No cock out for me!!!!!!!!!!!!!!.....LOL.....Sorry couldn't help myself..!!!
 

UPS Preloader

Well-Known Member
You'd be fired for job abandonment, and it'd likely stick. You're not being asked to punch out & go home ... just punch out & use the rest room.

Maybe, but I don't think it would stick. I would just be working as instructed... Supervisor says "If you need to use the bathroom you need to punch out." Therefore I would do as instructed an punch out. Seems pretty cut and dry to me. LOL
 

djkre8r

Well-Known Member
I didn't read ALL the comments but... I was told (when driving) if I stop at a store to use the restroom it is not a break. If I go into the store, use the restroom, and get a drink then THAT should be covered under a break. Once you "buy" something or take extra time then it is YOUR time not the company's.
 

PiedmontSteward

RTW-4-Less
I didn't read ALL the comments but... I was told (when driving) if I stop at a store to use the restroom it is not a break. If I go into the store, use the restroom, and get a drink then THAT should be covered under a break. Once you "buy" something or take extra time then it is YOUR time not the company's.

Honestly, I think that's fair. If you're grabbing a drink out of the cooler, standing in line, and paying for it at the cash register.. that should be a break. But pissing or dropping a deuce should always be on the company dime.
 

UPSGUY72

Well-Known Member
I didn't read ALL the comments but... I was told (when driving) if I stop at a store to use the restroom it is not a break. If I go into the store, use the restroom, and get a drink then THAT should be covered under a break. Once you "buy" something or take extra time then it is YOUR time not the company's.

Honestly, I think that's fair. If you're grabbing a drink out of the cooler, standing in line, and paying for it at the cash register.. that should be a break. But pissing or dropping a deuce should always be on the company dime.


Who would know the difference unless you volunteered that information.
 

104Feeder

Phoenix Feeder
I didn't read ALL the comments but... I was told (when driving) if I stop at a store to use the restroom it is not a break. If I go into the store, use the restroom, and get a drink then THAT should be covered under a break. Once you "buy" something or take extra time then it is YOUR time not the company's.

Honestly, I think that's fair. If you're grabbing a drink out of the cooler, standing in line, and paying for it at the cash register.. that should be a break. But pissing or dropping a deuce should always be on the company dime.

Seems to me that we've spent our whole careers learning to be efficient (and many times in spite of the roadblocks management throws up). Every fast food place, convenience store, or truckstop that has self service soda fountains will let you fill up your own cup with ice for free and most every fountain has a little lever marked "water". Are you going to tell me I can't get a drink of water on the clock? Is there some difference between those and a drinking fountain at the hub?
Even if I were to be so bold and fill up with soda, I don't wait in line. I'd have exact change or throw a couple of bucks at the cashier and tell him to keep it. Hell, I do the same thing if I need a meal, toss $10 at the McD's cashier and say "Number 1 large with a coke etc" as you're walking by toward the restroom and you pick it up on your way out, letting them keep the change, without even breaking your stride.
 

bluehdmc

Well-Known Member
I didn't read ALL the comments but... I was told (when driving) if I stop at a store to use the restroom it is not a break. If I go into the store, use the restroom, and get a drink then THAT should be covered under a break. Once you "buy" something or take extra time then it is YOUR time not the company's.

Honestly, I think that's fair. If you're grabbing a drink out of the cooler, standing in line, and paying for it at the cash register.. that should be a break. But pissing or dropping a deuce should always be on the company dime.

Rest rooms in convenience stores, McD's, etc. are generally for "patrons" by purchasing a soda or something like that you become a patron.
 

feeder

Central Pa Member
Seems to me that we've spent our whole careers learning to be efficient (and many times in spite of the roadblocks management throws up). Every fast food place, convenience store, or truckstop that has self service soda fountains will let you fill up your own cup with ice for free and most every fountain has a little lever marked "water". Are you going to tell me I can't get a drink of water on the clock? Is there some difference between those and a drinking fountain at the hub?
Even if I were to be so bold and fill up with soda, I don't wait in line. I'd have exact change or throw a couple of bucks at the cashier and tell him to keep it. Hell, I do the same thing if I need a meal, toss $10 at the McD's cashier and say "Number 1 large with a coke etc" as you're walking by toward the restroom and you pick it up on your way out, letting them keep the change, without even breaking your stride.

Then again brother, it would be a "slam dunk" or "Mountain of evidence" against you if Lost Prevention have you on video coming out with that Mickey D's bag.
 

104Feeder

Phoenix Feeder
Then again brother, it would be a "slam dunk" or "Mountain of evidence" against you if Lost Prevention have you on video coming out with that Mickey D's bag.

And they would look pretty foolish when I produced the McD's security footage plus the fact that I typically hold back 5-10 minutes of break time just to account for incidental occurances.
 

Saboteur

Member
We are told as full-time drivers to go on break if we use the restroom. Are the part-timers required to do the same during their shift if they use the restroom while the sort is going on?

Our mgt. tried that. 2 hours into their shift, the p/ter asked to go to the bathroom. He was told to punch out. He did and had to punch back in when he got back. At the end of his shift, (4 hours) he asked to be paid for 7 hours! Since he was told to punch out, he said he was entitled to his 3.5 hour guarantee. And since he was required to punch in, he was willing to work his guarantee of 3.5 hours. We haven't heard anything more about punching out to go to the bathroom.
 
Our mgt. tried that. 2 hours into their shift, the p/ter asked to go to the bathroom. He was told to punch out. He did and had to punch back in when he got back. At the end of his shift, (4 hours) he asked to be paid for 7 hours! Since he was told to punch out, he said he was entitled to his 3.5 hour guarantee. And since he was required to punch in, he was willing to work his guarantee of 3.5 hours. We haven't heard anything more about punching out to go to the bathroom.
If you gotta go...go...just don't abuse It!
 

shampoohorn

Member
Our bathroom had a Uline catalog and one preloader could tell you what page Cd jewel cases or work gloves was on. 10 minutes twice a night on a 5 hour sort. Bran muffin anyone?



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TooTechie

Geek in Brown
When I worked nights in the sort aisle every night one guy would head to the bathroom for 15 minutes when they started asking people to head to the beginning of the aisle to help with the deluge of misloads sent back to the aisle

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bleedinbrown58

That’s Craptacular
When I worked nights in the sort aisle every night one guy would head to the bathroom for 15 minutes when they started asking people to head to the beginning of the aisle to help with the deluge of misloads sent back to the aisle

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It depends where in the building u work. Loaders have no coverage for 10 min breaks or to use the bathroom. So on really heavy volume days when you can finally see your slide...hmmm should I stay or should I go and come back to a jam packed slide? lol
 
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