WWYD: work

luckymrs. · November 2009

I've been at my company for almost 5 years. Since before going on mat leave, and then returning in January, I had it verbally approved by our CEO that I could skip lunch and work straight through--the only way I can do 40 hours/week, as my beginning/end of day times are dictated by daycare hours and commute (3 hrs/day). This plan works out fine (I bring lunch every day and eat while working).

Apparently the CEO didn't get this approved with HR (or so they tell me now), and she (CEO) was fired a couple of months ago.

Now I'm being told this doesn't legally work for the company, and they're suggesting I'll probably have to take a 5 hour/week paycut.

I am already really unhappy with my company, and am beside myself about this. I'd already (previously) asked to take them up on a prior offer of 4 day workweek, and it seems like they now may recind that offer, too. Even if they apply both, we can only afford 8 hour/week salary cut at most. Not 13 hours (8+5).

WWYD? I've already talked with HR and my boss (the new CEO). Nothing is "in stone" yet, but all indications point strongly to what I've mentioned. And they know I'm a very hard worker, dedicated to the company. I'm searching elsewhere, but the job market bl*ws right now (as if I needed to say that).

TIA for any advice on how to handle this. I'm so done with the anxiety attacks it's causing me.

Lucky_Dragonfly · November 2009

sounds like my job. I was aproved to work mon-thurs with my previous boss, but now my new boss won;t let me come in early to make 35hrs to keep mybenefits and I can;t stay late bease I pick up DS soI now hav to work 3hrs on Friday and she won;t let me bring DS oin to the office for those hrs even though a clients service mgr brings her daughter into work for 10hrs a week. I get gypped because that was approved under the old boss and she can;t say anything. Um well yes you can since you are now the boss.

Janimal · November 2009

Unless you are in a state that mandates breaks (there are 8), there is no legal issue. (Federal law does not require any minimums for breaks/meals, etc.)

But if the company does not want to accept you working through lunch in order to shorten your workday, they don't have to. As the employer, they get to set your work schedule. I hope you can work it out....

azzyberry · November 2009

Not all, but most states have a law saying that you can not work more than 6 hours in a day without a break. If this is the case in your state, then yes this is a liability issue for them.

Unfortunately, I don't think you have a whole lof of options here except to work the hours that they will allow and in the meantime you can look for another job that will be more accomodating to your needs.

In the future, make sure you get EVERYTHING in writing. If you had this agreement with the previous CEO in writing you would have more of a "leg to stand on".

Janimal · November 2009

azzyberry:

Not all, but most states have a law saying that you can not work more than 6 hours in a day without a break. If this is the case in your state, then yes this is a liability issue for them.

Unfortunately, I don't think you have a whole lof of options here except to work the hours that they will allow and in the meantime you can look for another job that will be more accomodating to your needs.

In the future, make sure you get EVERYTHING in writing. If you had this agreement with the previous CEO in writing you would have more of a "leg to stand on".

Actually, most states don't have those kinds of laws. California has more state labor law than any other state though.

And even if the prior deal was in writing, the employer has the right to change work hours so it wouldn't matter. Unless it were part of an employment contract or other bargaining agreement.

Janimal · November 2009

Ok - here's a list of state and break/meal period laws:

MEAL PERIODS:

CA = 30 minutes if workday is 6 hours or more
CO = 30 minutes. If workday is at least 5 hours. (Until 2004, it was 6 hours.)
CT = 30 minutes after 7 and 1/2 hour workday.
DE = 30 minutes after 7 and 1/2 hour workday.
IL = 20 minutes after 7 and 1/2 hour workday.
ME = 30 minutes after 6 hours of work.
MA = 30 minutes after 6 hours of work.
NE = 30 minutes between noon and 1 P.M. in workshops, on assembly lines, or "mechanical establishments."
NV = 30 minutes for every 8 hours of work.
NH = 30 minutes for every 5 hours of work.
NM = 30 minutes.
NY = 30 minutes if shift is 6 hours or more; an additional 20 minutes if shift starts before 11 AM and goes beyond 7 PM, mercantile; 60 minutes, factory.
ND = 30 minutes for work period over 5 hours.
OR = 30 minutes for work period of 6 to 8 hours.
TN = 30 minutes for every 6-hour work period.

WA = 30 minutes for every 5-hour work period.
WV = 20 minutes.
WI = 30 minutes for workdays of 6 hours.
WY = 60 minutes for employees who must work on their feet.

There are 8 states with break periods on the law books.

JustMarried2005 · November 2009

Do you think they would let you work those 5 hours from home or do you have to be on-site? That way, you could work your 6 hours or whatever for the day, head home, and finish up the additional hours after your LO is in bed?

Same pay for you, same hours for the company, but no liability issue for them because you technically had a break.

luckymrs. · November 2009

Thank you so much, ladies! I did try to get work-from-home approval for 1 day/week (requested before I went on mat leave) and it was denied. However, the info you provided me, Janimal, shows the req for my state isn't as extensive as the req for the state in which our corporate office (and HR) is located. So apparently I can save 2.5 hours by providing them this info. YAY!! Thank you!!

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