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Question for union labor law experts

25-0625-06 Member Posts: 382 ✭✭
edited September 2002 in General Discussion
My wife has worked as a library aide for a high school for 15 years. At the start of this school year, she was told that her and the rest of the Non-certified staff would no longer be allowed to have any breaks. She is considered non-certified because she does not have a degree. This school district has had a policy for years of allowing the non-certified staff to only work 7 and 1/2 hours a day. This makes for a total of less than 40 hours per week so they are considered part time help. The new superintendent has decided that since they are part time help and only work 7 and 1/2 hours per day that they are not required by law to give them breaks. I need some help on this matter, can anyone put me in touch with a labor law expert, or can anyone on this site factually answer this question. Is it legal for the school board to do this? Not trying to be a smart * but I need facts, not opinions, because I am considering threating them with a lawsuit.
One other question I have is "How can you work at the same job for 15 years and be considered part time help?" Is this legal?

Comments

  • faldumfaldum Member Posts: 1,202 ✭✭✭✭✭
    edited November -1
    Hello 25-06:
    It is a Federal law to place in a conspicuous place a standardized poster describing basic employment laws, such as minimum pay and break periods. These are usually posted by the employment or administrative office, and often in the time clock or break area.
    The minimum break periods afforded under the law are described on the poster.
    If this large poster is not evident, inquire at the HR office.
    There are penalties for noncompliance with this essential requirement.
    (It will also be difficult for those with their minds set upon making up new "rules" to dispute the "law" printed in black and white....
    Good luck...
    Faldum
  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    I kmow for sure you can't work 4 hours without a break. The first two websites came from the third website incase you didn't get enough information from the first two.

    http://www.dol.gov/esa/programs/whd/state/rest.htm
    http://www.dol.gov/esa/programs/whd/state/meal.htm

    http://www.dol.gov/

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
  • 25-0625-06 Member Posts: 382 ✭✭
    edited November -1
    Thank you both for your responses, I was surprised to learn that it is not a Federal law to require breaks. All these years I thought it was.
  • RugerNinerRugerNiner Member Posts: 12,636 ✭✭✭
    edited November -1
    http://www.dol.gov/dol/topic/workhours/breaks.htm

    Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
    Keep your Powder dry and your Musket well oiled.
    NRA Lifetime Benefactor Member.
  • UNIVERSITY50UNIVERSITY50 Member Posts: 1,705 ✭✭✭✭✭
    edited November -1
    25-06
    please do as the last web site stated, and check with YOUR state's labor dept.. some sates have law and reg. that gov. these things, also check the civil service law for your state. being a school employee she my fall under civil service, which also my say she is full time employee. a lot of state say anything over 32 hours is full time. also does she belong to a union? they should be handling this.
  • MercuryMercury Member Posts: 7,840 ✭✭✭
    edited November -1
    It is easy to handle matters like this: WALK OUT.

    If enough people do that, and don't stand for being treated like crap, they'll change.

    This is why companies (and government) end up with the so-called "stupid union rules" as people say.

    Some places need unions, some don't.

    Merc



    NO! You may not have my guns! Now go crawl back into your hole!

    ****************************************

    "Tolerating things you may not necessarily like is part of being free" - Larry Flynt
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