Archived 2nd Break Question

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Kartman

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Can the LOD rescind a TM's 2nd break?

I'm talking, of course, a TM who has worked the required hours (at least 7 hours) to be eligible.

Can they say "No one gets a 2nd break on my shift?"
 
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If I'm reading my team handbook correctly, if you've worked 7 hours, you are *required* to take 1 30 minute and at least 1 15 minute break period. Depending on your state, you may be *required* to take more than one 15.
 
So, yes, let the hotline know, as that LOD is potentially opening Target up to liability and I can't imagine they'd be happy to hear it.
 
Their answer was "I've gotten with the other ETL's and blah blah blah."


"No second breaks on my shift."

I was like WTF???

So, this isn't some new rule I haven't heard of???
 
Pretty sure not. Also, check the meal & rest break requirements for your state, if you want to be extra sure, and/or want to have ammo for your convo with HR.

But that ETL sounds like an asshat in the extreme, so if you don't want to risk retaliation for bringing in pesky documentation, that's what the hotline is there for. If your HR ETL is reasonable, though, they should be hitting the roof so start there. If your HR ETL isn't, well, hotline.
 
At least in California, if you work 6 hours you are *required* to take 2 15-minute rest breaks and a 45-minute lunch

My (former) store is break-happy. Even the minors doing a 3 hour shift get a 15 minute break.
 
I'm in Louisiana and it wasn't an ETL: it was a SRTL.

A newly promoted one. However, they said they had the blessings of the ETL's.
 
My (former) store is break-happy. Even the minors doing a 3 hour shift get a 15 minute break.
In my opinion you should get a break every 2 hours, I know that’s not a law but I couldn’t imagine working 3 hours straight
 
In my opinion you should get a break every 2 hours, I know that’s not a law but I couldn’t imagine working 3 hours straight

Well, I do 7-11 every day with no real break. I'll grab a swig of coffee and power on. I'm also making 3-4 times what I made at Target.

I did 3-4 hours more than once on a register. Not my idea of fun though.
 
In my opinion you should get a break every 2 hours, I know that’s not a law but I couldn’t imagine working 3 hours straight

Target gives a 15 minute break if you work 3 hours. Not sure if that's every state but that's how it goes on the west coast.
 
When I mentioned the hotline, they asked me if I needed the number.
 
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But it was a 15 - on the clock.
 
Here is some information about breaks and meals being duty-free:


The Target Business Conduct Guide says:

"If you’re a non-exempt team member (in a U.S. location), you’re required to take meal periods and rest breaks as outlined in the Team Member Handbook—and they have to be “duty-free,” which means they can’t be interrupted by any work-related interactions with fellow team members or guests. If somebody asks you a work-related question while you’re taking a break, you should tell them politely that you’re off duty. Direct them to somebody who can help right away, or offer to follow up as soon as your break is over.

We want to make sure you are paid for all work you perform. If you work during an unpaid meal period or paid rest break, if you start working before you’ve punched in, or if you keep working after you’ve punched out for the day, you’re working off the clock. That’s a violation of Target’s Meal Period and Rest Break Policy, which can result in corrective action up to and including termination of employment."


The Team Member Handbook says:

- "You should never for any reason perform any work off the clock. This means that you must be clocked in to perform any work on behalf of Target (including helping guests), and you must not work during any of your rest breaks or meal periods..."

- "Target feels so strongly about this policy that if you voluntarily work through meal periods or rest breaks, or take short or untimely meal periods or rest breaks, you will be subject to corrective action up to and including termination..."
 
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Can the LOD rescind a TM's 2nd break?

I'm talking, of course, a TM who has worked the required hours (at least 7 hours) to be eligible.

Can they say "No one gets a 2nd break on my shift?"

Their answer was "I've gotten with the other ETL's and blah blah blah."

"No second breaks on my shift."

I was like WTF???

So, this isn't some new rule I haven't heard of???

I'm in Louisiana and it wasn't an ETL: it was a SRTL.

A newly promoted one. However, they said they had the blessings of the ETL's.

When I mentioned the hotline, they asked me if I needed the number.

Kartman, I did some online research for you. I think that your leader(s) might be acting like a-holes because you don't have legal protection at where you are located. The Fair Labor Standards Act (federal law) doesn't require employers to provide meal or rest breaks so employees can only depend on their states and/or employers to provide them with breaks. In your case, the state of Louisiana does not have any laws requiring an employer to provide a meal or breaks to employees over 18 years-old. Your only hope is that Target guarantees rest and meal breaks to all employees.

The Team Member Handbook says: "If you work in certain states*, including AK, CA, CO, CT, DE, FL, IL, KY, LA, MD, MI, NV, NH, NJ, NY, ND, OH, OR, PA, UT, or WA, you must follow additional rules regarding your rest breaks and meal periods that differ from the ones discussed above. Your ETL-Human Resources will explain the rules to you." (Cited from page 26 of the 2014 edition. I don't have the newest version with me at the moment but it shouldn't be a huge difference, wording-wise.)

You fall under LA (Louisiana) so there are additional rules for your state. A paper detailing the rest break and meal period rules for your state should be hung up in TMSC somewhere. I know that my store in CA has it. Check that paper to see what rights you have at a Louisiana Target.

I might be able to find out some more info for you as well when I return to work.

Edit: Update - @Kartman , Target does indeed provide its LA employees with duty-free breaks and lunches. If your leader(s) don't abide by the company policy, then feel free to call the hotline.
 
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Break and Lunch schedule is in the handbook. Its policy.

But Lunch is required by law.
 
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