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Brown Cafe UPS Forum
UPS Union Issues
No breaks given (rest period issues)
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<blockquote data-quote="TMGwam" data-source="post: 797911" data-attributes="member: 25692"><p>(I wrote this post under the belief that IWC Article 9 applies to us preloaders, but I'm still unsure. Can anyone attest to that please?)</p><p><a href="http://www.dir.ca.gov/dlse/faq_restperiods.htm" target="_blank">http://www.dir.ca.gov/dlse/faq_restperiods.htm</a></p><p> </p><p>Hmm, I'm starting to realize how much money the company really owes us. Under IWC Article 9 section 12, it is said "If an employer fails to provide an employee a rest period in accordance with this order, the employer shall pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.".</p><p> </p><p> </p><p>Most the people in the building have at least one day a week (except peak season) where they didnt take a break in the middle because they were told either (1) they have to wait till the end to take the break or (2) they have to work 3 hours and 45 minutes. In reality, if we had records of EVERYTHING, I could tell you that they owe us 1 hour pay for more than 75% of the work days. I believe that's over 3 weeks of pay (assuming 20 hours is the weekly average) per year.</p><p> </p><p>The problem I foresee in the argument is that people aren't standing up to these 2 points, so then management can defend themselves by saying "They never asked for the break to be in the middle." or "They never asked for a break when they worked 3 and a half." Some people did and were denied, but they probably didn't write down when that happened.</p><p> </p><p> </p><p>Lesson here: KEEP RECORDS OF EVERYTHING!</p><p> </p><p>One of my friends writes down his times every day and I think he said he even wrote down whether or not he took a break. But I doubt he'll step up and actually try to make a claim on it. Who knows? I'll push him anyways.</p><p> </p><p>I printed out various text about this law and it'll all be placed on my manager's desk tomorrow. I'll keep you all updated.</p></blockquote><p></p>
[QUOTE="TMGwam, post: 797911, member: 25692"] (I wrote this post under the belief that IWC Article 9 applies to us preloaders, but I'm still unsure. Can anyone attest to that please?) [URL]http://www.dir.ca.gov/dlse/faq_restperiods.htm[/URL] Hmm, I'm starting to realize how much money the company really owes us. Under IWC Article 9 section 12, it is said "If an employer fails to provide an employee a rest period in accordance with this order, the employer shall pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.". Most the people in the building have at least one day a week (except peak season) where they didnt take a break in the middle because they were told either (1) they have to wait till the end to take the break or (2) they have to work 3 hours and 45 minutes. In reality, if we had records of EVERYTHING, I could tell you that they owe us 1 hour pay for more than 75% of the work days. I believe that's over 3 weeks of pay (assuming 20 hours is the weekly average) per year. The problem I foresee in the argument is that people aren't standing up to these 2 points, so then management can defend themselves by saying "They never asked for the break to be in the middle." or "They never asked for a break when they worked 3 and a half." Some people did and were denied, but they probably didn't write down when that happened. Lesson here: KEEP RECORDS OF EVERYTHING! One of my friends writes down his times every day and I think he said he even wrote down whether or not he took a break. But I doubt he'll step up and actually try to make a claim on it. Who knows? I'll push him anyways. I printed out various text about this law and it'll all be placed on my manager's desk tomorrow. I'll keep you all updated. [/QUOTE]
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