Number of Hours worked question

[dual]

Hi guys, one of my friends is in dispute with their manager about the number of hours he has worked. He works at a place where the number of customers is very sporadic so there's a lot of time when there is no work to be done.

Since my friend is working there part time, he only takes a 30 minute lunch break. However, where there are no customers, the manager counts it as a coffee breaks for a total of 1 hour break including lunch.

Is this legal?

[Iceman-19]

If he is working an 8 hour shift he is entitled to 2 15 minute PAID breaks, and an unpaid (some companies will pay, most don't) lunch/dinner break. The company can state when they want him to take his breaks, but the 15 minute breaks are paid. If they are docking him 1hr a day, call labour relations.

[Mr.HappySilp]

Nope that ilgeal. Time off means your friend is log out not working. What if after 4mins a customer calls in? That's not fair now is it if he is doing his own thing and have to drop everything that he is doing to help the customer.

If he is working 8 hours that day he should get a 30min lunch and 2x 15min break. I work in a call center so I know. Downtime can't be control therefore can't be counted towards break or lunch time.

Next time have your buddy log out for lunch and breaks and when the manager ask let them know he is on break therefore he is not going to take any calls since break time should be 15mins break or 30mins lunch so the BS they are feeding your buddy.

[zetazeta]

Originally Posted by Iceman-19

If he is working an 8 hour shift he is entitled to 2 15 minute PAID breaks, and an unpaid (some companies will pay, most don't) lunch/dinner break. The company can state when they want him to take his breaks, but the 15 minute breaks are paid. If they are docking him 1hr a day, call labour relations.

Originally Posted by Mr.HappySilp

Nope that ilgeal. Time off means your friend is log out not working. What if after 4mins a customer calls in? That's not fair now is it if he is doing his own thing and have to drop everything that he is doing to help the customer.

If he is working 8 hours that day he should get a 30min lunch and 2x 15min break. I work in a call center so I know. Downtime can't be control therefore can't be counted towards break or lunch time.

Next time have your buddy log out for lunch and breaks and when the manager ask let them know he is on break therefore he is not going to take any calls since break time should be 15mins break or 30mins lunch so the BS they are feeding your buddy.

Not true. Employers are not required by law to give coffee breaks, just a 30 min lunch break after 5 hours of work. Because most employers provide a coffee break, some people mistake them for being mandatory which is not the case.

Government of B.C., Ministry of Labour, Employment Standards Branch, A Guide to B.C. Employment Standards

From what I know (might be mistaken), the employer should specify whether the break is 30 mins or 1 hr from the start and not dock an extra 30 mins when there are no customers.

[quasi]

Originally Posted by zetazeta

Not true. Employers are not required by law to give coffee breaks, just a 30 min lunch break after 5 hours of work. Because most employers provide a coffee break, some people mistake them for being mandatory which is not the case.

Government of B.C., Ministry of Labour, Employment Standards Branch, A Guide to B.C. Employment Standards

From what I know (might be mistaken), the employer should specify whether the break is 30 mins or 1 hr from the start and not dock an extra 30 mins when there are no customers.

This is true, I remember because we took them away for a while when they were being abused. We used to let guys wrap up 15 minutes early instead of a last break but they started to wrap up 30 minutes early and there first 15 was becoming a 25 so we took those breaks away.

Do the math, 20 guys on a job stealing say 20 minutes a day (probably more then that) was over 30 hours a week to stolen time.

[dual]

Thanks guys. Like I said, he is working P/T and he doesn't want those breaks. There's also nothing that lets him clock in/out so the boss always lowballs him. Can my friend use the following quote from the BC Labour site to state that it's illegal?

An employer cannot deduct any of the employer’s business costs from wages. This includes cash shortages, breakage, damage to company property or loss resulting from a customer leaving without paying.

[zetazeta]

Originally Posted by dual

Thanks guys. Like I said, he is working P/T and he doesn't want those breaks. There's also nothing that lets him clock in/out so the boss always lowballs him. Can my friend use the following quote from the BC Labour site to state that it's illegal?

That one is most likely unrelated. He might be able to use this:

"An employee who is required to work or be available for work during a meal break must be paid for the meal break."

edit: source http://www.labour.gov.bc.ca/esb/esaguide/

[dual]

Originally Posted by zetazeta

That one is most likely unrelated. He might be able to use this:

"An employee who is required to work or be available for work during a meal break must be paid for the meal break."

edit: source Government of B.C., Ministry of Labour, Employment Standards Branch, A Guide to B.C. Employment Standards

It's not a meal break though. I should clarify the quote I used in my last post. He works at a car wash so the number of customers depends on many factors including the weather and season. If the weather is bad and people don't come, would that be classified as business cost?

[zetazeta]

Originally Posted by dual

It's not a meal break though. I should clarify the quote I used in my last post. He works at a car wash so the number of customers depends on many factors including the weather and season. If the weather is bad and people don't come, would that be classified as business cost?

Oh I see. Pardon my understanding, the situation is that if there are no customers, he retrospectively changes your friend's lunch break to 1 hour? Or does he do this at the beginning of the shift? If it is the former, then technically the extra 30 mins is counted as work since he has to be available in case customers arrive. But if he was told his break would be 1 hour at the start, then that is legal (i think... :P)

[dual]

Originally Posted by zetazeta

Oh I see. Pardon my understanding, the situation is that if there are no customers, he retrospectively changes your friend's lunch break to 1 hour? Or does he do this at the beginning of the shift? If it is the former, then technically the extra 30 mins is counted as work since he has to be available in case customers arrive. But if he was told his break would be 1 hour at the start, then that is legal (i think... :P)

Well his lunch break is 30 mins and he always gets back in time. I don't think his boss told him to take a 1 hour break every day though. The boss only deducts another 30 mins if there's downtime (which there always is).

[Mr.HappySilp]

^^ then accordign to you that's ilgeal since the boss needs to tell your frd at the beginning of the shift that your frd is taking an extra 30mins break unpaid. Also if there is custtomer that comes in during the break time your frd needs to be paid for the time he work or he can contiune taking his break and not work till his full 1hour break is over.

[zetazeta]

Originally Posted by dual

The boss only deducts another 30 mins if there's downtime (which there always is).

The employer can't do that. Extending a break retrospectively based on downtime is an outright violation. Your friend was essentially working (but waiting for customers) at that time. Not his fault the business was quiet.

[dual]

Originally Posted by zetazeta

The employer can't do that. Extending a break retrospectively based on downtime is an outright violation. Your friend was essentially working (but waiting for customers) at that time. Not his fault the business was quiet.

Yes, I feel that the boss is treating him unfairly too. But does it violate any part of the Employment Standards Act? Can downtime be considered Business Cost? If so, does it apply to the quote I used earlier?

[melloman]

This guy sounds like a complete douchebag, screwing his employees out of pay..
Call the Labour Relations Board and get them involved..

If the employer doesn't want to pay the employee for sitting around because there's no business.. maybe he shouldn't have any employees..

[tiger_handheld]

What is the company policy / contract with the employee? If there is nothing written - good luck defending the case at LRB.