• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Workplace Privacy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

gramercy

Member
What is the name of your state (only U.S. law)? Oregon

Question:
Are there any federal laws that address workplace privacy issues such as: management monitoring an employees' time spent in the restroom? Or placing restrictions on when certain employees are allowed to use it?

It is an open office environment, as opposed to, say, production work, or construction that may involve safety matters. We have a contract, but the issue is not addressed, nor is there anything policy-wise written in this regard. We believe that some of our members are being treated unequitably.

Thank you.
 


ecmst12

Senior Member
They can't actually videotape you IN the restroom, but they can certainly monitor how often you go and how much time you spend in there (by watching the door). Seems a little over the top if you ask me, but not illegal.
 

gramercy

Member
Thanks for your response!

Scenario:
2 person office, Supervisor tells Secretary she can't leave the phones unattended, Supervisor leaves for the day at 10:30 am. Secretary is alone in the building, she uses the restroom during which time the phone rings and she misses a call. The caller complains to the Supervisor the next day, and the Secretary is summarily written up in an evaluation as being insubordinate and unreliable.

Realizing, of course, that this does not reflect discrimination, or necessarily harassment, we are not sure what action to take aside from possibly grieving the inequity of her situation, the remedy being only the removal of the evaluation from her personnel file and providing policy around the phones when there is only one person in the office.

Are we missing something more provocative?
Thanks again.
 

gramercy

Member
True, but it could also be argued that she was not provided with her legal and contractual rights to two 15-minute breaks and her hour lunch, without having to answer the phone. Having to answer the phone during a "break" renders her rights meaningless.

Thanks, Again.
 
True, but it could also be argued that she was not provided with her legal and contractual rights to two 15-minute breaks and her hour lunch, without having to answer the phone. Having to answer the phone during a "break" renders her rights meaningless.

Thanks, Again.
Oh, see, now you tell us. We didn't realize that your at-will employment included a "Potty Clause".

Federal law does not provide/guarantee what you describe.

Perhaps you should ask your manager if he would prefer you take the phone into the restroom :)
 
Last edited:

cbg

I'm a Northern Girl
Just for the record, the law in Oregon requires two TEN minute breaks, not fifteen minute.

If you are asking whether or not there is a law prohibiting the employer from writing her up under these circumstances, there is not. I can't say what the results of the grievance will be, and I think the supervisor needs a serious attitude adjustment, but the write up did not violate any laws.
 

j991

Member
There may be state laws, but federal cases have shown that employers must make availabe, and allow the use of proper facilities for its employess. You need to contact a local attorney familiar with state and local labor laws.
 

gramercy

Member
Thank you for your responses.
We are not "at-will" employees. We have a contract. There has never (to my knowledge) been a need for a "potty clause", because Oregon has certain laws providing "10-minute" breaks, (sorry, the contract language states '15'), not to mention that common-sense and rationale should dictate. The Supervisor's write-up implies that the employee has been denied the right. The Employer's acceptance of the evaluation write up to her personnel file, further implies that they agree to the denial of rights.
 

cbg

I'm a Northern Girl
The contract language may say 15, and that's fine. The law says 10.

With the possible exception of the OSHA case law referred to that gives employees the right to use the restroom, and the breaks already mentioned, no LAW has been violated here. Any violations are strictly a function of the contract, and will have to be handled as such.
 

gramercy

Member
Perhaps I should take your advice and have her take calls in the restroom, making sure to flush while she's on the line with someone important (work then grieve).
But, we could take the high-road.

We could take it up with OSHA.

OR - we could file a grievance.
 

cbg

I'm a Northern Girl
Yes, it does, as a matter of fact.

I can't recall the name of the case law off the top of my head but I have it at home.

gramercy, I don't recall suggesting that she take calls in the rest room, and I have already expressed disapproval of the supervisor's actions. But I can't cause there to be a law that says she cannot be written up for leaving the phone untended when she is alone in the office, just because you want there to be one. I do not write the laws and I do not vote on their passage. It's not MY fault that the law leaves disciplinary issues up to the employer in all but the most limited circumstances. Please do not shoot the messenger.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top