My district is forcing all drivers to take a full break- 20 minutes paid and 40 minutes unpaid- every day. Is this legal? In the past they have been fairly relaxed about this but now are threatening "disciplinary action" (Warning letters) to any drivers who don't comply. Many drivers are taking thier hour break after a 10 hour day. I ask again, is this legal?
Forced Unpaid Break
- Thread starter katana
- Start date
Catatonic
Nine Lives
Define "legal".
And once more I ask you to define "Legal".
And "Welcome to the Brown Cafe". I don't know whether it is legal or not so I will leave that to others to answer.
PS: 3 out of 4 people who do answer your question will not know either.
A
anonymous6
Guest
EmerCond421
Well-Known Member
According to our supplement, we are "required" to take an unpaid meal break of 1 hour between the 3rd and 6th hour. However, to make the trailer pull time there are some who don't take their full hour.
DS
Fenderbender
This is normal.The drivers taking thier break at the end of the day have to stop like emerg said and take it between the 3rd and 6th hr.In the event that this will cause service failures for some,the affected drivers must call the center as early as possible and ask for help.If you are not paid for that 40 minutes,and being forced to take it,stop put your feet up and relax,have a sandwich or whatever.Anyone who doesn't is throwing away about 200 hrs pay a year.Welcome to the bc by the way.
johnoutdoors
Well-Known Member
If you do the math, skipping out on an hour's lunch break (unpaid), will cost you about $10,000 a year. Take every minute of your break. NJ state law requires a break, but not a full hour. Check your state laws and contract, our suplimental requires a 20 min break within an hour of leacing the building and 40 min between noon and 3 pm. Local practice allows us to do that or take the whole hour between 12 and 3. 10 grand is a lot of toys for my kids.
DS
Fenderbender
Every contract has different language concerning breaks,in order for what you say to be true,you would be code 05 every day.(paid actual)This is unorthadox for ups,normally,its code 06,where your alotted break is automatically deducted.If your diad screen when you turn it on says code 06,you are wrong.
Raw
Raw Member
For over a year now if we don`t put in the full hour break each day they write you up and then will fire you if you don`t comply.
satellitedriver
Moderator
Huh?
You get paid for 20 minute breaks?
Full hour "lunch" is unpaid time nationwide, no matter how that hour is divided.
As we say in the South, If you are getting paid for 20 minutes doing nothing, you are making "Long Green".
klein
Für Meno :)
I thought you guys had the 10min paid, and 50 min unpaid, too.
Which equals 1 hr total.
BrownArmy
Well-Known Member
Guess it depends on where you are...
Where I am, there are two ten-minute paid breaks and a one-hour unpaid break.
If you don't input your one-hour break, you will either get spoken to, or get a warning letter, or absolutely nothing will happen.
Except that either way, that hour is coming out of your paid-day.
Might as well take your break...why work for free?
(In my region the contract supplement states that we must take our one-hour unpaid break between the fourth and fifth work hour...I guarantee if everyone covered by my contract supplement actually took their break when they were supposed to, we would have more drivers on the payroll...simple fact)...
Where I am, there are two ten-minute paid breaks and a one-hour unpaid break.
If you don't input your one-hour break, you will either get spoken to, or get a warning letter, or absolutely nothing will happen.
Except that either way, that hour is coming out of your paid-day.
Might as well take your break...why work for free?
(In my region the contract supplement states that we must take our one-hour unpaid break between the fourth and fifth work hour...I guarantee if everyone covered by my contract supplement actually took their break when they were supposed to, we would have more drivers on the payroll...simple fact)...
UpstateNYUPSer(Ret)
Well-Known Member
10 min paid break and 45 min unpaid meal break.
We must enter both or will receive warning letter.
I take mine during my break between afternoon and evening pickups.
We must enter both or will receive warning letter.
I take mine during my break between afternoon and evening pickups.
JustTired
free at last.......
Where I worked, you got two 10 min. paid breaks and 1/2 hour unpaid lunch. If you skipped lunch, you still had 1/2 hour deducted from your time. As others have stated, that's alot of money over a years period that you are giving the company. Not to mention that it is unhealthy not to stop and rest during the day.
Some states (DOT) mandate this time off and you are in violation of state law if you do not take it. In other states, while it may not be law, it is still a negotiated item in the contract. We jump on management for not following the contract yet those that do not take their breaks are violating that same contract.
It seems to me to be an easily solved problem. Take the darned breaks. There is no excuse for not doing so. As for me...lunch break was the best part of my day. I took it regardless of how screwed up my day was.
Some states (DOT) mandate this time off and you are in violation of state law if you do not take it. In other states, while it may not be law, it is still a negotiated item in the contract. We jump on management for not following the contract yet those that do not take their breaks are violating that same contract.
It seems to me to be an easily solved problem. Take the darned breaks. There is no excuse for not doing so. As for me...lunch break was the best part of my day. I took it regardless of how screwed up my day was.
grgrcr88
No It's not green grocer!
Not true. central gets 10 min paid break and 30 min unpaid lunch. Thats it no matter how many hours worked.
grgrcr88
No It's not green grocer!
DS,
There was a lawsuit filed and won against UPS for taking the lunch time out when no lunch was actually taken. Since that time it has been company policy to manually input your lunch and breaks. You are paid for the time you work minus the time you input for lunch break.
There was a lawsuit filed and won against UPS for taking the lunch time out when no lunch was actually taken. Since that time it has been company policy to manually input your lunch and breaks. You are paid for the time you work minus the time you input for lunch break.
UpstateNYUPSer(Ret)
Well-Known Member
This does not apply here--we get 45 minutes taken off the top every day and must enter 45 minutes or we will get a warning letter.
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