Forced to stay inside 12 hours - no break room

[senicynt]

What is the name of your state? Idaho

Question: My husband works anywhere from 12 to 14 hours a shift and is not allowed to leave the premises during his shift. The problem is that his job site does not have a break room. There is no refrigerator or microwave. Staff is forced to eat in a skinny hallway that has a single rickety chair and one 12 x 12 inch table. The hall has a door in each wall, a coat rack and cleaning supplies on a small shelf. There is no room for a cooler or any conveniences. Employees who have business through any door in the 4 foot wide hall are forced to push past anyone sitting in the chair.

Can they legally get away with such poor conditions for workers forced to stay there during their shift?

 

[cbg]

I can find nothing in Idaho law that requires an employer to provide a break room. In fact, in Idaho, employers are not even required to provide breaks. They are certainly not required to provide a refrigerator or microwave.

I am only aware of one state where employers are required to provide a break room.

While I agree that the conditions sound abysmal, nothing you have described is breaking any law I can find or have knowledge of.

 

[JETX]

And if it is even half as bad as you describe, why is he still working there?

 

[senicynt]

working conditions

He works there because he was an unemployed IT professional and was out of work for so many months and had run out of unemployment. When an IT job opens in this part of Idaho, there are over 200 applicants. It was the only job available other than minimum wage retail.

 

[Beth3]

With all the HP downsizing that's gone on over the last several years, you certainly are correct that there is a glut of unemployed IT professionals in your area. The bottom line with your husband's job though is that as long as he is being paid for all the hours that he works - including break time since he's not allowed to leave the premesis - nothing unlawful is taking place.

 

[senicynt]

So, There is no Federal law that protects a worker? Any state can make a person work 12 to 14 hours with no lunch or break of any kind? What is that, institutional wage-slavery?
I think it's time for some basic humanitarian Federal legislation since leaving labor laws up to the states isn't working.

 

[Beth3]

There are plenty of laws - at both the federal and state level - that protect workers. This just doesn't happen to be one of them. In this country, individuals who are unhappy with their jobs are always free to find one more to their liking and quit.

 

[cbg]

You are correct that there are no Federal laws protecting workers in this area.

But there are plenty of states that require breaks; you just don't happen to live in one of them.

 

[Beth3]

OSHA wouldn't do anything whatsoever about this as there are no federal laws that require employers to provide breakrooms, nor is the situation the poster described (which was 7 weeks ago) unsafe. It's less than desirable but it's not hazardous.

OSHA is not interested in workplace aesthetics.

 

[JETX]

You may have a way of at least making the so called break area better, give OSHA a call, matter of fact, OSHA has an office in Idaho, in Bosie I believe. The should be able to tell you what can be done to make the work place better from a safe and healthful perspective - OSHA stands for Occupational Safety & Health Administration. OHSA is administered by federal government to provide safe and healthful working conditions for working men and women. OHSA mission is to save lives, prevent injuries and protect the health of America's workers.

OSHA has nothing to do with enforcing an employees work breaks... unless it leads to a safety hazard.