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yawn.3x

Seriously getting angry with my work.. I think they're breaking the Labor Law?

39 posts in this topic

I'm going to leave the name of my work anonymous but... I just found out today that we have to "punch out" for our breaks now.

I work in a kitchen, and today for example, I worked from 8am to 430pm. 8 and a half hours. I went on my break at 3 to 3:30. While I was walking to the break table, my General Manager ask's me,

"Did you punch out?"

"No, was I supposed too?"

"Yes for your break you have to punch out."

"Ok.."

I thought if you work 8 hours you get at least a 30minute paid break?

And also, we have a washer and dryer to clean our uniforms at the end of our shift as I'm sure ALL kitchens do. Our owner says we can't wash our uniforms there anymore because we don't have "Insurance" for our Washer / Dryer. So we have to wash our uniforms at home now or suffer the horrible food smell / dirty uniforms. Aren't kitchens supposed to ENFORCE cleanliness? Not take away a washer/dryer we've had for 6+ years?

Also for stat holidays (I.E Christmas) I thought if you DON'T work the day, you still get paid for an average shift. (if you work on average 7 hour shifts, you should get paid for a 7 hour shift that day even if you don't work it) and also get paid double time if you DO work it?

Are any of my arguments valid?

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Meal Breaks

An employee must not work more than five hours in a row without a 30-minute unpaid meal break. An employee who is required to work or be available for work during a meal break must be paid for the meal break.

Employers are not required to provide coffee breaks.

http://www.labour.go...esb/esaguide/#3

Uniforms and Special Clothing

If an employer requires an employee to wear a uniform or special clothing, the employer must provide, clean and maintain it at no cost to the employee.

Special clothing is clothing that is easily identified with the employer; for example, clothing with a company logo or unique company colours.

Special clothing includes a requirement to wear the garments that the business is currently selling. A dress code (no jeans, no cut-offs, dark clothing, business casual) is not a uniform.

Employers and employees can agree that the employer will reimburse employees for cleaning and maintaining the special clothing.

Personal safety equipment required by the Workers’ Compensation Board is not considered special clothing unless the equipment also associates the wearer with the image or identity of the employer.

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Interesting. I'm taking a Human Resources class in school right now. Interesting to see real life situations. Have you taken looks at the BC Labour Code? Depending on your workplace, your company might also be under federal instead of provincial.

Edit: I have a link to the Employment Standards Act (BC) if you feel like lookin' through it. There's a table of contents right at the top.

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96113_01

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Interesting. I'm taking a Human Resources class in school right now. Interesting to see real life situations. Have you taken looks at the BC Labour Code? Depending on your workplace, your company might also be under federal instead of provincial.

Edit: I have a link to the Employment Standards Act (BC) if you feel like lookin' through it. There's a table of contents right at the top.

http://www.bclaws.ca...ide/00_96113_01

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Meal Breaks

An employee must not work more than five hours in a row without a 30-minute unpaid meal break. An employee who is required to work or be available for work during a meal break must be paid for the meal break.

Employers are not required to provide coffee breaks.

http://www.labour.go...esb/esaguide/#3

Uniforms and Special Clothing

If an employer requires an employee to wear a uniform or special clothing, the employer must provide, clean and maintain it at no cost to the employee.

Special clothing is clothing that is easily identified with the employer; for example, clothing with a company logo or unique company colours.

Special clothing includes a requirement to wear the garments that the business is currently selling. A dress code (no jeans, no cut-offs, dark clothing, business casual) is not a uniform.

Employers and employees can agree that the employer will reimburse employees for cleaning and maintaining the special clothing.

Personal safety equipment required by the Workers’ Compensation Board is not considered special clothing unless the equipment also associates the wearer with the image or identity of the employer.

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If an employer requires an employee to wear a uniform or special clothing, the employer must provide, clean and maintain it at no cost to the employee.

Special clothing is clothing that is easily identified with the employer; for example, clothing with a company logo or unique company colours.

Special clothing includes a requirement to wear the garments that the business is currently selling. A dress code (no jeans, no cut-offs, dark clothing, business casual) is not a uniform.

Employers and employees can agree that the employer will reimburse employees for cleaning and maintaining the special clothing.

All this being said, I know people who work for London Drugs, and for some reason even though the law states otherwise they leave the employess on the hook for cleaning and maintaining their work clothing.

And I have heard quite disappointing stories relating to people who have gone to the employment standards branch, regarding different issues and ive heard they are not very helpful with matters.

Dispute resolution process will basically call you out as a difficult employee, they will know who you are and you problems with them. and will more then likely make your work atmosphere even worse.

Its probably in your best interest to just leave if its that bad. Im all for calling out bad companies on bad practices but bottom line you will probably get the short end of the stick on this one.

Employment standards act IMO is a rudderless farce, even thought it really shouldn't be..

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I'm worried if I bring this to somebody like Labor Relations, I'll end up getting fired or something. :(

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I'm worried if I bring this to somebody like Labor Relations, I'll end up getting fired or something. :(

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Interesting. I'm taking a Human Resources class in school right now. Interesting to see real life situations. Have you taken looks at the BC Labour Code? Depending on your workplace, your company might also be under federal instead of provincial.

Edit: I have a link to the Employment Standards Act (BC) if you feel like lookin' through it. There's a table of contents right at the top.

http://www.bclaws.ca...ide/00_96113_01

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I'm worried if I bring this to somebody like Labor Relations, I'll end up getting fired or something. :(

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pm me the restaurant, I wanna make sure I won't go there

and I hear ya about feeling like there's labour laws being broken at work, mine is the same but its more safety (air quality, equipment matenance, etc) that we have problems with. And with my work we only get 20 min paid lunches, but that's because we work 8 hour shifts instead of 8 1/2. However, if people work 10+ hours (which happen quite often) then 20 min doesn't seem like enough...

also, I've been working there for 2+ years, and we just got our hearing tested (industrial line of work) and forklift cert done for the first time.

and now that I'm on the complain train, shipping out very sensitive parts (such as aircraft related or for large machinery/assemblies) that arnt properly quality-controlled, as they are either inspected/tested by the people who made them (who obviously can fudge the reports as they were the ones who could have made a mistake, or not been qualified to properly look for one) and having an owner who is supportive of hiding errors doesn't help either. (however I have recently kept a notepad where I'm keeping track of likely compromized parts which I'm keeping to myself for now, could be used for blackmail/evidence if something happens)

/rant

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If this happens you have a major lawsuit on your hands vs this employer. Be sure your work ethic is up to par and that he has no real reasons to fire you, IE Late, slacking etc.

From the website i provided call the labour board tomorrow and just ask them some questions. It can be a anonymous phone call, they don't need to know your information if you don't want to provide it to them.

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dude where the hell do you work? this sounds like slave labour. find another job and get out of there. also, i'd file a complaint, document everything, hell even pull out a hidden camera.

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time and a half is all your employer is requited to pay you for holiday pay. After working eight hours in a day an employee must be paid time-and-a-half for the next four hours worked, and double time for all hours worked in excess of 12 hours in a day. This applies even if the employee works less than 40 hours in a week.

i will be brutally honest we have a family company and do this to many employees, a couple have actually taken us to labor relations and even though we were in the wrong we won. we also made life hell for those employess and even tho we could not technically fire them after the hearing we made their lives hell, to the point they quit on thier own accord.

and by the way you cant sue a company unless its something grotesque like discrimination, otherwise you must go through labor relations and employment standards.

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pm me the restaurant, I wanna make sure I won't go there

and I hear ya about feeling like there's labour laws being broken at work, mine is the same but its more safety (air quality, equipment matenance, etc) that we have problems with. And with my work we only get 20 min paid lunches, but that's because we work 8 hour shifts instead of 8 1/2. However, if people work 10+ hours (which happen quite often) then 20 min doesn't seem like enough...

also, I've been working there for 2+ years, and we just got our hearing tested (industrial line of work) and forklift cert done for the first time.

and now that I'm on the complain train, shipping out very sensitive parts (such as aircraft related or for large machinery/assemblies) that arnt properly quality-controlled, as they are either inspected/tested by the people who made them (who obviously can fudge the reports as they were the ones who could have made a mistake, or not been qualified to properly look for one) and having an owner who is supportive of hiding errors doesn't help either. (however I have recently kept a notepad where I'm keeping track of likely compromized parts which I'm keeping to myself for now, could be used for blackmail/evidence if something happens)

/rant

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dude where the hell do you work? this sounds like slave labour. find another job and get out of there. also, i'd file a complaint, document everything, hell even pull out a hidden camera.

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Unfortunalty this is yet another thing that has been taken from workers by the BC Liberals. Before 2001 if you had a complaint you could file it with the labor standards branch so there was a clear record of the complaint and it made it difficult for creative terminations based on reporting employers. The code was changed so employees MUST first attempt to resolve the issue directly with the employer that wronged them

http://www.workrights.ca/content.php?doc=100

http://www.labour.gov.bc.ca/esb/self-help/welcome.htm

So basically if you complain - your creativly written off the schedule with little recourse. The standard is extremly high to prove it was done as retaliation so your left with little choice. It's your word against theres and they get to decide if *cough* your causing other problems before your complaint can even be filed.

Seriously - how many teens or young workers are going to face their boss? If it is a saftey issue remember you only have one back - and no job is worth dying for ... stand up for your rights. If its not a saftey issue ..... sadly it may be better to simply seek new employement and move on. If you quit they can blacklist you for refrences - all the power has been shifted to employers so sadly unless you can involve WCB - unless its a human rights violation - there is little protection now for non union workers in BC

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If I did go to the lawsuit path, would it be even worth it? If they fired me and I fought it they'd be forced to rehire me correct? But then I would get treated like garbage by them. Any mistake I do would be shown as insubordination or some other random act of "treason" against this company. Besides getting my job back, what other benefits would I get?

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Maybe you guys should unionize or something :P

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Well I don't think my work is anything that bad, but if it helps I'll join your complain train a bit too and say that our GM bought Marijuana from one of my co-workers who's in highschool a few years ago. Neither of them were ever fired.

Our GM was also dressed as a mascot and went around to the little kids who were entering the store and shaking their hands and stuff, being friendly, etc... but while he was doing it, he was completely hammered.

None of this stuff I can prove though obviously. It's just irritating that you devote so much time to a company and they treat you like garbage.

MY OWNER doesn't even know my name and I've worked there for 4 years and seen him probably hundreds of times.. He calls me "Guy" or "You"

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