I work for a call center who is now trying to enforce a rule that states we can not take bathroom breaks AT ALL. I feel like this is not fair I personally take bathroom breaks to actually go to the bathroom. Is there some kind of legal documentation stating that this illegal?
Answer:
Yes. Call OSHA. No bathroom breaks? Even slaves got bathroom breaks.
Check with a Lawyer
Hm. Sounds ridiculous to me. Unless the employer is prepared to deal with the possible flood of consequences of such an ordinance.
I'm pretty sure they can't do that. That's pretty insane.
You may not restrict an employee from using the facilities as long as they are not using it so frequently that it interferes with the performance of their job. So no, they cannot restrict reasonable usage of the bathroom. Sounds like people are using the toilet to take smoke breaks or do drugs.
It's not illegal providing they do one of the following;
1. Provide you with a catheter.
2. Provide you with Depends undergarments, preferably with the company logo silk screened on.
3. Not get mad when you urinate directly on the floor in your cubicle.
I would contact the labor board on this one. This sounds like a health issue. They can limit bathroom breaks to say 5 or 7 minutes. My guess is that too many have taken advantage of the breaks and went to smoke instead. There are also many ways for them to stagger the breaks, like no more than 3 agents off the floor at any given time or something like that. To cut them out is a little too drastic.
according to the u.s.dept.of labor only 19 states have laws requiring employers to give breaks or rest periods.it depends on your state.
Contact your state labor board as well as OSHA.
I'm pretty sure it varies for each state, but I think that if you work an eight hour day, your employer is required to give you at least a 15 minute break.
I doubt that's what they are saying. No company is stupid enough to tell their employees that. You can file a complaint with OSHA and I guarantee you that you'll be able to go to the bathroom as often as you want....good luck!
The Fair Labor Standards Act (FLSA) does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative).
Yes, it absolutely illegal. OSHA regulations require not only that bathrooms be provided for employees but that they also need to be given the time to use those bathrooms. There was a case a couple of years ago where a company tried to say they were in compliance by just having bathrooms but they forbid their employees breaks to use them. OSHA fined the company. A company does not have to let employees use the bathroom whenever they want to. They can restrict the times to lunch and specific break times.
What is your call center thinking? Are you supposed to keep a bucket by your desk? The employees should teach the company a lesson and just use the floor as a bathroom (preferably the floor in the boss' or supervisor's office).
Work Break and Meal Laws
There are no Federal labor or employment laws that require employers to set specific intervals or even make time for employees to take work breaks or eat meals.
Fewer than half the states have laws that require employers to make time for employees to eat meals. Even fewer states have laws that require employers to make time for employees to take work breaks. (See Work Breaks and Meals State Laws below.)
Although there are no Federal and few state laws that require employers to give bathroom breaks, the Federal Occupational Safety %26 Health Administration (OSHA) has interpreted a section in its Sanitation Standard, to mean that it "...requires employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities."
OSHA further clarified this interpretation in a letter dated April 23, 2003. Additionally, one of OSHA's Safety and Health Guides recommends that "Additional break periods and meals should be provided when shifts are extended past normal work periods."
Even though giving rest or meal breaks is not required under Federal law and the laws in most states, many employers do so anyway in accordance with industry (and OSHA) standards. Industry-standard breaks typically range from 5 to 30 minutes each.
If employers do voluntarily give rest or meal breaks in states without related law provisions, the work breaks are at least somewhat regulated by the Federal Fair Labor Standards Act (FLSA).
Rest Breaks
I'd ask them to reconsider after you've spoken with your state's labor board. Yes, it is illegal. Go ahead and use the restroom, if you lose your job, you've got a case they really don't want to take to court.
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The human body requires waste to be expelled.
Controlling that routine damages cycles and your bowel movements.
I believe it is illegal and certainly immoral to force people into holding it until breaktime. Breaks are for resting, not only using the toilet.
Yes it is , if you have to go you have to go.
They can't do that, that's against labor laws, call at you state labor agency or (whatever the name on your state) or to your union if you have one. Now that doesn't mean you can use that break to get up every 15 minutes, make phone calls, smoke, eat, and take a walk, like some people do. The point is as long as you use a reasonable use of that break they can't forbid it. But it sounds like you work for people that don't care a bit about you guys, so find a better place to work, slavery is over.
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