Forced to take an upaid Break

[Zenkenite]

Hi!
I work preload, and have been employed since spring 2013.
Question for you guys...
Last Friday, we were told that Monday would be a 12:15am start time with an 8-hour guarantee. Learned pretty quickly that this meant no overtime pay after 5 hours, but after 8. Being that it is peak season, and those overtime hours are nice, I was annoyed. Then when Monday came, I was forced to take an unpaid 30 minute break. I made it clear I did not want to take a break. This has never happened before at our center. We have never taken a break, and nobody has ever even wanted one, to my knowledge. We had some bad weather and the start time for Wednesday was moved from 2am to 1230am and again, we were given an 8 hour guarantee and forced to take an unpaid break.
Can I be forced to take an unpaid break? I'm really unhappy about it. Losing overtime pay, AND having to stand around in a cold warehouse at o'dark thirty for half an hour is not good in my book. I feel like crap after the break because my muscles start getting tight despite stretching and I'm FREEZING. Yes, I have a winter coat/gloves, but standing around on cold concrete doing nothing only makes my feet cold and then the rest of me. I can't find anything in the contract saying I am REQUIRED to take a 30 minute break. It seems like this may be the new thing for us for the rest of peak if we start at a certain time. I show up there to work. I want to work and get paid for my time there. Any advice/suggestions?

 

[FrigidAdCorrector]

Wait you're upset about getting a break while working 8 hours?

Just when you think you've heard it all

 

[Zenkenite]

haha, I know it seems insane to say such a thing, but yes. And like I said this has never happened before. Last peak we worked straight through. I mean, if you need a bathroom break someone will cover you for the few minutes you are gone, but now we are shutting the belt down and everyone just stands around. I grew up working 16 hour days on farms. You didn't take a break. You worked until the work was done. I am there to work and earn a paycheck. I don't want to stand around doing and earning nothing. I am there to work! The other employees I have spoken to are not happy about it either.

 

[UnconTROLLed]

haha, I know it seems insane to say such a thing, but yes. And like I said this has never happened before. Last peak we worked straight through. I mean, if you need a bathroom break someone will cover you for the few minutes you are gone, but now we are shutting the belt down and everyone just stands around. I grew up working 16 hour days on farms. You didn't take a break. You worked until the work was done. I am there to work and earn a paycheck. I don't want to stand around doing and earning nothing. I am there to work! The other employees I have spoken to are not happy about it either.

Call the union hall and ask for a UPS rep, or talk to a steward if you feel it's not right. I mean, if it's an unpaid break, you aren't forced to "stand around on a cold concrete floor". Find somewhere to relax, a break room, or go out somewhere? I don't see the big deal if it's contractually legitimate.

It IS possible that UPS is just stealing everyone's OT...that is the scrooge we work for.

 

[Zenkenite]

yeah I get that I can go sit in the break room, but that isn't much better in my opinion. And where we are, is in the middle of nowhere. You are lucky to find a place to go that is open before 6am. And to start my car up, drive somewhere and back, wastes my fuel and costs me money. I don't want to go somewhere to buy a donut or a coffee I don't want or need. Also, the state I am in has no laws requiring breaks unless you are a minor.
And I did have the thought that it is a way to get around paying us OT... we very rarely get any OT at all except for peak season.

I'm just frustrated. And want to be working and earning money to pay my bills while I am there. And I have other jobs that I work. I leave UPS and go straight to them (they are flexible with my start time because of UPS). So the later I get there, the less hours there are to work. So this break costs me in more ways than one. It keeps me there later because we don't finish the work as soon as we could.

 

[3 done 3 to go]

BOO HOO

 

[Zenkenite]

yep, crying the blues!

 

[IVE GOTTA PACKAGE 4U]

Maybe,pack a lunch? Bring a thermos full of coffee?

 

[Zenkenite]

we've always been allowed food/drink while working. We stash it in the back of one of our cars and eat/drink if we want as the work allows throughout the shift.

 

[Wally]

Nobody gets paid lunch.

 

[Zenkenite]

Nobody gets paid lunch.

I don't want a paid lunch and I know that nobody gets one. I want to continue working and not have to sit around unpaid for half an hour at 4am waiting to work. When we bring something with us and set it in the back of the car, we just take a drink as we need or say, stick a pretzel in our mouth as we walk in and out loading.

 

[UnconTROLLed]

Nobody gets paid lunch.

Here in NE, we do get a paid 20 minute break "lunch" in lieu of an unpaid hour, but you can't be forced to work lunch. This peak I've just been taking the paid 20 and extra hour of OT.

 

[rod]

Go sit in the center manager's office. I guarantee you that is warm. They always say they have an open door policy

 

[jibbs]

Any advice/suggestions?

Talk to one of your center's union stewards about it. That's about the best I've got.

 

[By The Book]

I believe it's overtime after 5 hours if that's what it says in your supplement. No matter how they disguise it! Next if your supplement says you are entitled to an hour lunch if you work over 6 hours (state law if it applies) as do the full timers in western, you can take an hour and leave the property. If they don't let you take an hour and you are entitled to the other 1/2 hour is paid at overtime. Yes they can have you take a lunch unpaid but make sure you get your two breaks paid if you work/ are scheduled for 8 hours.

 

[PT Car Washer]

Wait you're upset about getting a break while working 8 hours?

Just when you think you've heard it all

UPS is forcing the PT to stay on property waiting for late loads to come in while off the clock. And then cheating them out of their OT.

 

[HBGPreloader]

Many states' laws require a 1/2 hour (unpaid) lunch break if you're working 8 hours or more.

 

[bleedinbrown58]

Yes, for UPS to pull off this 8HR guarantee shift...and technically cheat all of you outta OT after 5 hours....you are required to have a 30 min lunch break. Quit cryin....I still get OT after 5...but working 9-10 hour shifts with 2 five minute smoke breaks and barely a chance to sit down for 2 minutes sucks balls too.

 

[HardknocksUPSer]

I'm like you, don't give me a break, it slows production and makes me wana go home. I'd be pissed.

 

[bleedinbrown58]

I'm like you, don't give me a break, it slows production and makes me wana go home. I'd be .

You've worked here a whole month....come back in 5 or 10 years and see if you wouldn't mind an option for a break.