PA laws stink!!

**AnW819** · 01-31-2011, 01:58 PM

I work 3rd shift at my job. There is only 3 of us working every night from 11pm-7am. The problem I have is I get no breaks. It does not matter how many hours I work weither it be 7 or 9, I don't get a break. If I want to eat, I have to take small bites here and there. But the smokers, they are allowed to take 5-6 (3-5 minute) breaks outside to smoke, but because I do not smoke, no one offers to let me have a sit down break for 5 minutes.

It sucks. I am not use to not having any breaks. I don't want to go and complain to my boss about it because I just started there and they have been doing it this way for forever, so I looked up the laws. They are not required to give me a break.

It sucks.

Rant over.

**frugalfriend** · 01-31-2011, 02:05 PM

Are you sure about that? If you work 7-9 hours I thought by law you would be due a 30 minute break and maybe an additional 10 min. When does PA law say you would get a break? What kind of job is it?

**AnW819** · 01-31-2011, 02:12 PM

Retail job, Wawa to be exact. And I just googled it online and every link im finding says its not required in PA.

**Greebo** · 01-31-2011, 02:20 PM

So go to the boss but don't *complain*.

Simply say, "Boss - listen I don't want to complain - but I notice that the smokers get to go smoke every so often, but since I don't smoke, I'm not getting any breaks. Would it be possible for me to get a break once a day so I could get something to eat, get off my feet, and such? Again - I'm not complaining - just wondering if it's possible."

**Missy** · 01-31-2011, 02:33 PM

Originally Posted by Greebo

So go to the boss but don't *complain*.

Simply say, "Boss - listen I don't want to complain - but I notice that the smokers get to go smoke every so often, but since I don't smoke, I'm not getting any breaks. Would it be possible for me to get a break once a day so I could get something to eat, get off my feet, and such? Again - I'm not complaining - just wondering if it's possible."

makes the most sense to me. You could add in a "Since I am new I don't think I am completely clear of the break-time rules"...

**AnW819** · 01-31-2011, 02:41 PM

Yeah my boss went over it with me already and thats why I don't really know what to do.

She said on 3rd shift we dont really get breaks. If you want something to eat you have to bite in between customers type deal.

That was it. =/

**pollypurebred39** · 01-31-2011, 02:53 PM

I think I might start pretend smoking.

**AnW819** · 01-31-2011, 02:56 PM

Ugh =/ I have thought about that to, but then the temptation comes along with that one, so thats out. I WILL NOT start smoking again.

**Greebo** · 01-31-2011, 02:59 PM

Originally Posted by AnW819

Yeah my boss went over it with me already and thats why I don't really know what to do.

She said on 3rd shift we dont really get breaks. If you want something to eat you have to bite in between customers type deal.

That was it. =/

Well - you know a job is a job - and if them's the rules, them's the rules. Sux but there it is - at least you're working and nothing stopping you from looking for something better.

**Rhayne** · 01-31-2011, 03:01 PM

I used to work at wawa in south jersey and had the same problem. I worked on a different shift though. I worked from about 6am - 2pm. Early morning shift was chaos and i would get my break and be sitting for 5 minutes before i was called back to the front to help the one lone cashier. I didn't actually mind it because i'm not much of a breakfasty, morning eater. I'm sure you could ask for a break. If by law they don't have to give you, they should out of curtesy.

**Missy** · 01-31-2011, 03:02 PM

Originally Posted by AnW819

Yeah my boss went over it with me already and thats why I don't really know what to do.

She said on 3rd shift we dont really get breaks. If you want something to eat you have to bite in between customers type deal.

That was it. =/

Well, then you got your answer. You have 2 choices. Deal with their rules...or deal with them as long as it takes to get another job.

**AnW819** · 01-31-2011, 03:06 PM

Never said I was not going to deal with the rules. I am still there. Just wanted to know if it was legal or not, and wanted to vent about it. Thats all.

**Missy** · 01-31-2011, 03:13 PM

Originally Posted by AnW819

Never said I was not going to deal with the rules. I am still there. to know if it was legal or not Just wanted , and wanted to vent about it. Thats all.

to find that out, call these people.
Pennsylvania Labor Relations Board

if you are sure the place is in violation after you call, take this route. (but you may find yourself looking for something else...)
Pennsylvania Labor Relations Board

**pollypurebred39** · 01-31-2011, 03:24 PM

And some people wonder why I'm so pro union.

**sunshine** · 01-31-2011, 04:19 PM

Same laws in IL -- we are supposed to get 1/2 hour lunch break, but in health care, that seldom happens. Breaks are allowed if the work load permits (yeah, like that ever happens). Smokers are covered under the ADA , so they get 2 breaks and a lunch, even if the rest of us get nothing.