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Question about if my fiance's job is breaking rules?


My fiance works at a car wash and detail/ lube center and I think his work is breaking guidelines. They constantly punch people on and off the clock depending on if its busy or not. They are considered a weather permitting job, but even when the weather is perfect but business is slow, they will punch employees out and expect them to sit and wait for it to get busy again. They also do not always give people their breaks. My fiance has worked an 8 hour day with NO break many times because his boss will say its too busy. He has also been told to go find someone to fill his stop if he wants a break and thats the MANAGERS job, not his. People drink on the job and a manager was just de-moted last week for being drunk at work. They also put the mexicans on first in the morning even if my fiance is scheduled and there first and then he is told to sit and wait until business picks up. My fiance thinks here is nothing he can do about it so I'm wondering if there is anyone I can report this to?

We live in Apple Valley, MN which is also where his work is. I forgot to add that my fiance sometimes spends 40 hours at work but only gets 20 hours on the clock. He sits there in the morning sometimes for an hour or so waiting to get on the clock and if he leaves, they will fill in his spot with someone else or a mexican. They don't give a crap about any of the employees there. I looked up BBB, the department of labor, the labor board and OSHA and I'm not finding any info on rules regarding how many breaks you get for how many hours you work, being punched in and out more or less than required, etc.

YES...........................
contact the local wage and hour division for the states department of labor.

in most states breaks are not a requirement of law.

without knowing where you are the question about having to wait off the clock for business MAY be a violation.

there are a lot of variables in relation to the business, gross sales, number of employees number of months of the year it is open that make a huge difference as to whether it is covered by labor laws. talking to someone local who has all the facts will get you an accurate answer. the department gets paid to deal with these issues and to answer your questions so take advantage of that.

EDIT:
those who randomly state it is illegal or you have to be given a break don't know what they are talking about. since they don't know where you are or what laws apply they can only answer what they think the law is and usually they are wrong. all they really know is their employers policies or the law that relates to their particular situation.

in all states if a break is UN-paid then it must be at least 30 minutes and uninterrupted.

EDIT 2:
IN MINNESOTA...................
Can my employer require me to come in and wait around the workplace until it gets busy, without being paid?
NO.............
The employer is required to pay for all hours worked including waiting time, call time, training time and any other time the employee is restricted to the premises of the employer.(the key is being restricted to the premises)

Doesn't my employer have to give me a break?
The state law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it must be counted as hours worked. Time to use the nearest restroom must be provided within each four consecutive hours of work. Meal time applies to employees who work eight or more consecutive hours (see Minnesota Statutes 177.253 and 177.254)
(the key is consecutive hours worked)

without first hand knowledge the law alone may not provide answers. if they do not require the employees to stay on the premises then they may not be violating the law. Minnesota does not have a law that requires a minimum number of hours be paid if you are scheduled as a couple of states do.

so again i say contact the

Minnesota Department of Labor and Industry
443 Lafayette Road N.
St. Paul, MN 55155-4307
Phone: 1-800-DIAL-DLI
(1-800-342-5354)
Phone: (651) 284-5005
TTY: (651) 297-4198

I would google the car wash and see is there is a corporate office. If not, try your local BBB chapter or a social services company. Someone will be able to look into this. You are absolutely right that they have NO right to do the things you've listed.

Regarding Breaks - Federal Law does not require breaks and lunches (unless the worker is a minor). State law can vary so you'll need to see what your state says. Typically, whichever most benefits the employee is the one that must be followed.

The Department of Labor Website has a ton of information about this type of thing. Here are a couple of links to look at.

http://www.dol.gov/dol/topic/workhours/b...

http://www.dol.gov/elaws/esa/flsa/screen...

what they are doing is illegal, if you work 8 hours you get a 30 minute lunch, and two 15 minute breaks. And also they can not clock you out when it is not busy. I would find out about some type of human resources worker you can talk to

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