rest period between shifts?

INeedNoSalt · May 2008

I am curious if, (in Wisconsin in particular), there is a minimum legal rest period between shifts?

I work in a grocery store and I am sure worst things have happened, but I'm scheduled until 10:30 on Friday night and then at 8:00 AM Saturday morning. Now as a matter of fact I'm going to be falling asleep at my register because I'm not a morning person, but let's say it takes me 30 minutes to drive there and back, and with 30 minutes to get ready for bed/work -- then I'm getting into bed at 11:30, waking up at 7:00.

I am going to be dead with exhaustion at the end of Saturday's shift.

This is all rambling, though, what I'm curious about and having trouble figuring is whether or not there is some minimum time period between scheduled shifts that needs to be honored? (This was a bigger deal a few weeks ago when I worked until midnight one night and then at eight in the morning the next day.)

DeShadowC · May 2008

Its based on state. In Florida its 8 hours.

OdinOwnsYeAll · May 2008

Employers operating factories or mercantile establishments (enterprises engaged in retail trade) in the State of Wisconsin must provide employees with at least one period consisting of 24 consecutive hours of rest in each calendar week.

http://dwd.wisconsin.gov/er/labor_standards_bureau/one_day_rest_in_seven_law.htm

Adults may work an unlimited number of hours per day and per week, as the law sets no limits.

The employer has the legal right to set the schedule of hours to be worked and the employee does not have the right to refuse to work unless otherwise negotiated in a collectively bargained agreement.

http://dwd.wisconsin.gov/er/labor_standards_bureau/publication_erd_8298_pweb.htm

Looks like Wisconsin law doesn't even require meal breaks or rest periods, much less breaks inbetween shifts:

Wisconsin law does not require that employers provide brief rest periods, coffee breaks or meal periods for adult employees, although the Department recommends, in Chapter DWD 274.02(2) of the Wisconsin Administrative Code, that employers do so. Employers are encouraged, but not required, to provide breaks of at least 30 minutes in duration at times reasonably close to the usual meal period. Such matters are to be determined directly between the employer and the employee.

http://dwd.wisconsin.gov/er/labor_standards_bureau/breaks_and_meals.htm

This about sums it up:

Employers may schedule employees any way they wish.

http://dwd.wisconsin.gov/er/labor_standards_bureau/hours_of_work_and_overtime.htm

Good luck brothah

OdinOwnsYeAll · May 2008

Oh, and google is your friend.
google.com/search?source=ig&hl=en&rlz=1G1GGLQ_ENUS276&q=wisconsin+labor+laws&btnG=Google+Search

AngelHedgie · May 2008

Wow. WI to workers: Fuck. You.

Sarcastro · May 2008

Pretty much. My company has an in-house mandate of ten hours, but its not required by law.

Which grocery store? If you're union, you can talk to your rep about your local agreement. If you're not union... well, there are ups and down to every situation- this would be a down.

Also, some schedules are done via automation, and BS shifts can be altered sometimes just by bringing t up with a manager.

INeedNoSalt · May 2008

I'm part of a union (it's a unionized store) but every time I've tried to bring something up (mostly when I'm scheduled during periods I'm not available, like when I'm in class,) our union rep usually says something like 'just wait it out'

Man our union sucks hard for example:

Our union negotiated us to $2.50 sunday premium... from time and a half.

Anyway thanks guys, that answers my question

Sakebomb · May 2008

OdinOwnsYeAll wrote: »

Employers operating factories or mercantile establishments (enterprises engaged in retail trade) in the State of Wisconsin must provide employees with at least one period consisting of 24 consecutive hours of rest in each calendar week.

http://dwd.wisconsin.gov/er/labor_standards_bureau/one_day_rest_in_seven_law.htm

Adults may work an unlimited number of hours per day and per week, as the law sets no limits.

The employer has the legal right to set the schedule of hours to be worked and the employee does not have the right to refuse to work unless otherwise negotiated in a collectively bargained agreement.

http://dwd.wisconsin.gov/er/labor_standards_bureau/publication_erd_8298_pweb.htm

Looks like Wisconsin law doesn't even require meal breaks or rest periods, much less breaks inbetween shifts:

Wisconsin law does not require that employers provide brief rest periods, coffee breaks or meal periods for adult employees, although the Department recommends, in Chapter DWD 274.02(2) of the Wisconsin Administrative Code, that employers do so. Employers are encouraged, but not required, to provide breaks of at least 30 minutes in duration at times reasonably close to the usual meal period. Such matters are to be determined directly between the employer and the employee.

http://dwd.wisconsin.gov/er/labor_standards_bureau/breaks_and_meals.htm

This about sums it up:

Employers may schedule employees any way they wish.

http://dwd.wisconsin.gov/er/labor_standards_bureau/hours_of_work_and_overtime.htm

Good luck brothah

o_O

My advice: Move to Texas

DeShadowC · May 2008

AngelHedgie wrote: »

Wow. WI to workers: Fuck. You.

Time to move.

INeedNoSalt · May 2008

well my employer is not all bad and they usually succumb to my demands

But yeah that's some pretty lame non-laws

AtomBomb · May 2008

I had a place in AZ that I worked as a dishwasher schedule me to work from 11pm to 7:30am. They then told me I needed to work from 8am to 4:30pm the "next day" which would be 30 minutes after I got off of the previous shift . One of the 2 scheduled dishwashers had called out, iirc. Person in charge told me that these were 2 seperate days so I was SOL. I was young and brash, so rather than worry about the legalities I just said fuck this I quit. I was friends with the other dishwasher scheduled from 8-4:30, and when he showed up I told him what happened. He was incensed and quit as well. We then said we'd like a table, as we're customers now and we want to eat. They sat us, and we got to catch glimpses of the higher ups try to figure out how to use the various dishwashing machinery whenever the doors to the back swung open

bowen · May 2008

INeedNoSalt wrote: »

I'm part of a union (it's a unionized store) but every time I've tried to bring something up (mostly when I'm scheduled during periods I'm not available, like when I'm in class,) our union rep usually says something like 'just wait it out'

Man our union sucks hard for example:

Our union negotiated us to $2.50 sunday premium... from time and a half.

Anyway thanks guys, that answers my question

Tell your union rep you want to speak to their supervisor. Union reps are usually the first stop to filing a claim. The union isn't there to just take in dues, they work for the worker. Talk to the local representative or the president of the local union. Get that shit straightened out.

Unions are they to protect you and help you with your claims, make sure you actually file one about this. Talk to the management first -- and inform them this is unacceptable to your work schedule (I hope it is?) and that you'll be talking with your union rep and filing a claim.

What union are you?

wunderbar · May 2008

Wow, get out of WI.

I'd say that the average rest period law settles around 8 hours. Most provinces in Canada are 8 hours. So really, even 10:30pm to 8am is enough.

I've worked till 10:15 one night, then had to be back at 6:30 the next morning. that was not fun.

amateurhour · May 2008

Is this a regular schedule you have or just the first time it's happened?

Because if they put you on this schedule weekly, you need to call your union rep AFTER you speak politely with your direct supervisor about it. Make sure he/she knows what's up before you drag in the union rep.

If it's the first time this has happened, and it's because someone bailed or they had a scheduling conflict, and it probably won't happen again, you need to suck it up and work the shift.

edit: I see where you put that it happened once before between midnight and eight.

Still though, if this is something that happens once a month or less, I'd just deal with it. It's tough to make out a schedule in retail. People like to flake and have weird hours they can work. If they start screwing you over with it though, then you should do something.

Sanius · May 2008

Working at Reasors here in Oklahoma, they would sometimes schedule me 6 hours between shifts. Talking working till 12 and then at 6.

Needless to say, I quit.

INeedNoSalt · May 2008

amateurhour wrote: »

Is this a regular schedule you have or just the first time it's happened?

Because if they put you on this schedule weekly, you need to call your union rep AFTER you speak politely with your direct supervisor about it. Make sure he/she knows what's up before you drag in the union rep.

If it's the first time this has happened, and it's because someone bailed or they had a scheduling conflict, and it probably won't happen again, you need to suck it up and work the shift.

edit: I see where you put that it happened once before between midnight and eight.

Still though, if this is something that happens once a month or less, I'd just deal with it. It's tough to make out a schedule in retail. People like to flake and have weird hours they can work. If they start screwing you over with it though, then you should do something.

I get a new schedule every week, so it's like a whole new batch of fun that I need to get worked out every Friday night

It's only been really bad a couple of times -- getting scheduled 35 hours during finals (even though I keep telling my employer, 'Hey, when you hired me, I asked for twenty hours a week, you said 'okay, twenty hours'), getting scheduled 'til 12:30 AM and then again at 8:00 AM once, a few times being scheduled during time I've marked myself as unavailable (during classes, or late at night before school days)

My biggest concern is just that I keep finding new stuff to roll my eyes about, it's like there's some kind of small problem every week.

The union I am under is UFCW which is apparently huge, but you'd imagine with so many employees, they could negotiate better than twenty cents over minimum wage starting pay.

noobert · May 2008

INeedNoSalt wrote: »

It's only been really bad a couple of times -- getting scheduled 35 hours during finals (even though I keep telling my employer, 'Hey, when you hired me, I asked for twenty hours a week, you said 'okay, twenty hours'), getting scheduled 'til 12:30 AM and then again at 8:00 AM once, a few times being scheduled during time I've marked myself as unavailable (during classes, or late at night before school days)

How do you go about getting things like this resolved?

pinenut_canary · May 2008

I am not moving to WI any time soon.
When I worked at Costco, I had the night stocking shift, from 2 am to 10 am. Costcos have these things called "Expos", where basically it's just a huge sale with lots of samples handed out. These expos are so huge, that workers from other neighboring Costcos would come and help out. Stocking isn't really that hard of a job, but it's harder than what most people think. No, I don't just grab stuff from the back and stick them on shelves. There is a system I need to go by, and there is a lot of shit to stock at Costco, and it doesn't help when other workers are pulling out whole boards or half boards of items because they just got a shipment order from local stores.

So an expo at another comes around, and I need to go there and help out. So after doing my shift at night, I drive 2 hours to the Costco holding the expo (gas is paid for, and the time I take driving is paid). After that is done, I can't just leave. I have to help clean up and reorganize everything. By the time I'm done, I have to drive back for two hours back to my store and start stocking/setting up early, because it's our Costcos turn to do an expo. After stocking and then immediately doing our expo, I get a 3 hours break and then I get to stock again, and then finally go home and pass out. I got a lot of overtime for that, and 2 free boxes of pizza, which I ate with beer and then slept for 12 hours. Altogether I worked for about 48 hours, with a three hour break in between, which I didn't even use for sleep.

At anytime I was allowed to leave, and we even had a "Warehouse Physician" that checks on us to see how we're doing. For our breaks they gave us plenty of healthy foods to eat, along with water, coffee, soda, and energy drinks. I was young, and I needed the money, so I was all Gung Ho and did it. I don't regret it, but damn it was one of the most hardest times of my life.

INeedNoSalt · May 2008

noobert wrote: »

INeedNoSalt wrote: »

It's only been really bad a couple of times -- getting scheduled 35 hours during finals (even though I keep telling my employer, 'Hey, when you hired me, I asked for twenty hours a week, you said 'okay, twenty hours'), getting scheduled 'til 12:30 AM and then again at 8:00 AM once, a few times being scheduled during time I've marked myself as unavailable (during classes, or late at night before school days)

How do you go about getting things like this resolved?

Uh I told my boss a few times to stop and then (when she scheduled me so heavily during finals) I said "Okay, I'm quitting right now if you don't fix my schedule."

Then she fixed my schedule.

Mephistopheles · May 2008

The worst I've ever done was 3pm-11pm followed by a 5:30am-10:30pm. Of course my boss asked me before he scheduled me like this, but I was happy to get the overtime.

Penny Arcade

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