Jul 2, 2008 11:16 pm US/Central
Good Question: What Are Employees' Rights At Work?
(WCCO)
When a judge ruled that Wal-Mart violated Minnesota labor laws two million times over six years it brought attention to the laws themselves. What kind of protections do workers have under the law?
"We get a lot of questions about the misperceptions of the law," said James Honerman, spokesman for the Minnesota Department of Labor and Industry. "A lot of the common misperceptions are about breaks."
Many workers believe they have the right to get a break.
"By law, we get two 15-minute breaks," said a meat cutter in downtown Minneapolis.
"In reality, the state law isn't as generous," said Honerman.
In fact, Minnesota law does not provide for any kind of break, except for a bathroom break.
"If you work four consecutive hours, you get a chance to go to the restroom," said Honerman. That break is to be paid, but there is no required break other than a bathroom break.
However, there is a provision in state law that requires for a lunch break if you work eight consecutive hours.
"You do have a right to have that lunch break ... That is something the employer would pay if it's less than 20 minutes," said Honerman.
Unpaid overtime was a big issue in the lawsuit against Wal-Mart. According to Honerman, people need to report the hours they actually work, including many tasks that some people don't clock-in for.
"If you're working at a job and you get called into a required meeting that is something you need to be paid for. And a lot of times If someone says, 'Hey, do this prep work or help with opening or closing,' all that needs to be paid," said Honerman.
Vacation time is a benefit provided by employers, it's not required by law, according to Honerman.
Sick time is also not required. However, if employees are allowed to accrue sick time, in Minnesota, the Family Medical Leave Act allows an unusual use of the time. If a parent has a sick child that parent may call in sick in order to take care of the child. California is the only other state with a similar law.
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