Can an employer regulate the number of bathroom breaks that workers take?

bleedinbrown58

That’s Craptacular
I once had a supervisor try to fire me for using the restroom, just a quick piss, without permission. I tried to let her know I had to go, out of courtesy, but she was nowhere to be found. My shop Stewart put her in her place and the full time sup. Ups got sued because an employee peed himself because ups wouldn't let him use the bathroom.

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Wouldn't let him use the bathroom? I don't care if they threatened to fire me, I'll be damned if I'll voluntarily stand there and wet my pants like a 3 year old....screw that! Walk me out of the building after I wash my hands....lol
 

olroadbeech

Happy Verified UPSer
I read somewhere here that paid bathroom breaks was settled by the SUPREME FREAKING COURT!!!

but it is the same ol tired story at UPS. the few employees that take advantage of a situation and make it harder for the rest of us.

ive told management that they should address the issue on an individual basis but they are too lazy or say that the worker will file a harassment grievance.

I tell them that a good manager would find a professional manner to handle the problem and that such managers would move up in the world very quickly. that usually shuts them up.
 
O

OLDMAN3

Guest
In our region we get 2 ten minute paid breaks...in our contract supplement.
I imagine UPS could reasonably require you to use one of these 10 minute breaks to use the restroom. Please correct me if I am wrong.
Also it seams clear that employees who abuse the right to restroom breaks can get canned:
http://www.ohioemployerlawblog.com/2013/09/when-you-gotta-go-you-gotta-go-right-to.html#.U8ySCuNdV8E

Link to Dept of Labor site:

http://www.dol.gov/elaws/esa/flsa/hoursworked/screenER5.asp

Breaks
Breaks from 5 to 20 minutes must be counted as hours worked.

Even though they are not required by the FLSA, if you permit your employees to take breaks, they must be counted as hours worked. This includes short periods the employees are allowed to spend away from the work site for any reason.

For example:

  • smoke breaks,
  • restroom breaks,
  • personal telephone calls or visits, or
  • to get coffee or soft drinks, etc.

Also:
http://www.dol.gov/elaws/esa/flsa/hoursworked/screenER5.asp
§785.18 Rest.
Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time. (Mitchell v. Greinetz, 235 friend. 2d 621, 13 W.H. Cases 3 (C.A. 10, 1956); Ballard v. Consolidated Steel Corp., Ltd.,61 friend. Supp. 996 (S.D. Cal. 1945))

An employer's attorney weighs in:
http://www.ohioemployerlawblog.com/2013/09/bathroom-breaks-do-not-equal-breaks-in.html#.U8yPguNdV8E
 

MC4YOU2

Wherever I see Trump, it smells like he's Putin.
Sometimes you need to go before or after your break time. If you need to go at break time, by all means go. But if not....too many factors involved. Diet, workload, work pace, heat, cold, not to mention location of the facilities.
If UPS has a valid case of abuse of this by an employee, it's quite likely the employee has other more glaring issues that would be a more clear cut path to discipline. To punish the general workforce is, as usual, counter productive.
 

browntroll

Well-Known Member
i have stomach condition which management knows about but even i dont have to go to the restroom for 20 min a day
3 times a day. its really when those ppl that decide to make the restroom a break area that mess up for some of us. it shouldnt
be anyones job to watch how long someone takes but i do get mad when i see 4-5 guys in the restroom hanging out talking or playing
on their cellphone .
 

browntroll

Well-Known Member
weird i cant edit my post, i forgot to add. only trouble now is that there was a a guy in my hub that would use the
bathroom to sneak stuff into his boots which messed up for us for a while. i guess he was stealing cellphones or something
which management and lp would try to follow him into restroom but they couldnt catch him, there was a few guys that
had ratted him out after seeing him put away 3 cellphones one day.
 

Coldworld

60 months and counting
I once had a supervisor try to fire me for using the restroom, just a quick piss, without permission. I tried to let her know I had to go, out of courtesy, but she was nowhere to be found. My shop Stewart put her in her place and the full time sup. Ups got sued because an employee peed himself because ups wouldn't let him use the bathroom.

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This is frickin sad...
 

UpstateNYUPSer(Ret)

Well-Known Member
i have stomach condition which management knows about but even i dont have to go to the restroom for 20 min a day
3 times a day. its really when those ppl that decide to make the restroom a break area that mess up for some of us. it shouldnt
be anyones job to watch how long someone takes but i do get mad when i see 4-5 guys in the restroom hanging out talking or playing
on their cellphone .

You spend up to an hour of your shift in the restroom??
 
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