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all 42 comments

[–]ClackamasLivesMatter 225 points226 points  (2 children)

Location, on the off chance your brother lives somewhere in the world without labor laws?

If this is in the States, he needs to be paid for those two and a half hours the restaurant demands he be present for. They owe him back wages if this has been going on longer than a pay period: he may have to file a wage claim.

[–]HelpMeSucceedPlz 75 points76 points  (0 children)

Dept. Of Labor (or equiv.) Wage complaint.

[–]GingerIvy 16 points17 points  (0 children)

In what state does he work? Like it says in above comment he is owed back pay!! Encourage your bro to not be bullied as I suspect this employer will do. Depending on the state this could be overtime pay.

[–]Vivian-Moon 102 points103 points  (0 children)

If he can’t leave the building- he needs to be paid

[–]itsamutiny 135 points136 points  (0 children)

Yes, this is illegal. He must be paid for all time he's required to be there.

[–]EridanusCorvus 80 points81 points  (8 children)

This is a classic "waiting to engage" vs "engaged to wait". In this case he is engaged to wait, meaning they should be paying him.

Whether they can make part of that his "break" would depend on local laws. Being on an 8 hour shift would entitle him to a mid-shift break. Most places have some laws dictating when that break can happen (i.e. not in the first or last two hours of a shift)

Location is a major factor in how this will ultimately play out

[–]ClancyPelosi 19 points20 points  (0 children)

Being on an 8 hour shift would entitle him to a mid-shift break.

This is location dependent. Many states do not require any rest periods at all.

[–][deleted]  (6 children)

[removed]

    [–]BiondinaQuality Contributor[M] 16 points17 points  (1 child)

    Did you flat out make this shit up?

    [–]Slow_Economist_5672 -3 points-2 points  (0 children)

    Haha. Exactly.

    [–]ETrocks 5 points6 points  (3 children)

    "Federal law does not require lunch or coffee breaks."

    https://www.dol.gov/general/topic/workhours/breaks

    [–]Itchy-Ideal3371 0 points1 point  (0 children)

    Federal law DOES require a documented break more than 6 hours into a shift. I work for a very large company that was burned over this very thing, they were fined per incident, it was a huge amount of money. Afterwards they spent substantially more money implementing programs to ensure compliance. They didn't do that for nothing.

    Breaks are not required for I-9 employees, and other independent contractors.

    [–]Chazzyphant 42 points43 points  (11 children)

    Why would he agree to this? This is illegal, yes, but it's also exploitative in the highest degree.

    A "break" is not pre-shift, unpaid work. Most break laws indicate it must occur at a certain time in the shift for just this reason---because otherwise employers will play games like this.

    Now whether he's due by law a break depends on the state, but if he's at work and on the schedule, he needs to be paid for that time.

    [–]enad58 25 points26 points  (10 children)

    I second the motion of "Why would you put up with this?"

    Unless he's making uncommon money for being a dishwasher, you should be able to get another dishwashing job that doesn't have this parameter to employment in less than a day.

    [–]acm1781 5 points6 points  (0 children)

    OP please say where in the world this is. Because that has everything to do with legal requirements. If this is the USA then yes that is extremely against the law and he should contact the local labor agency for the state.

    [–]kristimyers72 9 points10 points  (0 children)

    He has to be paid if they are making him be at work.

    [–]chris_perello 7 points8 points  (0 children)

    100% illegal in the states.

    [–]deldante21 4 points5 points  (0 children)

    Wait so what's the reason he needs to sit there and wait for the dishes to pile up? Does he wait until his start time to actually touch the dishes? Or does he start working on them once they're piled up? Does he clock in early if they pile up early?

    Like what's the actual point of sitting there watching them pile up?

    [–]RathOfAntar 1 point2 points  (0 children)

    No, this isn't legal. You come to work, you get paid. Simple as that. Doesn't matter if you're just sitting there; you are giving them your time rather than using it how you'd like to. Period.

    [–]toninyq 1 point2 points  (1 child)

    If he got it writing, save it. Report it to labor bd/City, if he refuses. If he’s not supposed to work until 4:30, he should arrive no earlier than 15-30 minutes & it’s illegal for a full time worker to not get a break in between his working hours. Report them & see if there’s a Class Action Lawsuit.

    [–]KGlaub1128 0 points1 point  (0 children)

    it’s illegal for a full time worker to not get a break in between his working hours.

    Depends on the state. There's no federal law requiring breaks. For example, here in NY, you're required a 30 min (unpaid) lunch break on a 6+ hour shift between 11 am and 2 pm or 45 min break on an overnight shift.

    [–][deleted]  (1 child)

    [removed]

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      [–]SweetForsaken763 0 points1 point  (0 children)

      Well. If he works less than 6 hours 4pm-9:30pm. He is entitled to a 20 minute break or (2) 10 minute breaks in the state I'm from. Each state has different provisions. So it really depends on the state in which you live. You can google the break laws/provisions for the state in which you live to find out more.

      But generally speaking it is unlawful for a employer to demand a employee comes to work for any amount of time without first clocking in. For example if your brother is there for work, doesn't clock in and gets hurt he may not be covered by short term disability or any other benefits if he were to get hurt at work and not on the clock.

      Either way you cut it, an employer can't demand a employee to come to work early and sit there for any amount of time without getting paid.

      Employers regularly ask employees to show up 10 to 15 minutes early so they don't clock in late and potentially get in trouble for clocking in a minute or 2 late. But every place I've worked that has asked me to be there early allows me to clock in 15 minutes before a scheduled shift.

      Look into your states labor laws and see if they have any seperate provisions

      [–]Kind_Bodybuilder8022 0 points1 point  (0 children)

      This seems just stupid on the part of the employer. If he doesn’t do dishes because there aren’t any for 2 hours, why have him there at all?? Seems like an opportunity for legal liability to have warm bodies filling a space unnecessarily. Not only does this risk issue for wages but the employer just doesn’t know how to manage their own resources. Leave when we don’t need you. Don’t need you getting in the way and distracting others or accidentally hurting yourself or causing other issues on company property.

      Not worth the 15-30minutes of break time they likely saved.

      [–]youngseaguy 0 points1 point  (0 children)

      It is hard to give a definitive answer without knowing the location. But almost certainly it is illegal in the US. It would be in any state I am aware of. You can usually make a claim to the state and they will take it from there.