How hard is it for everyone to get their line staff to actually take their 30 minute break?

We are busy, but we have the coverage to be able to let people actually sit down and rest / eat / whatever for 30 minutes. I have 2 people out of 20ish staff who regularly take their break and the rest of them just take smaller breaks throughout their shift and because it's a hassle to punch in / out for 5 minutes x 6 times a day they just don't.

So even though I know everyone is resting when they need to the labour board won't and neither does corporate.

Does everyone just force their staff to go sit for 30 minutes? Not care? Hound them about punching out for smoke breaks?

in Chefitby Soggy_Stock

108

95%

16d

Texastexastexas1

293

16d

I bet they would if it was a paid break .

Fuski_MC

236

16d

This, fuck being at work for an extra 30 minutes unpaid

FunAd6875

16d

Bingo. I'd rather go home thirty minutes earlier if that's the case.

Edit: the province I work in quietly did away with our 2, paid 15 minute coffee breaks too during covid.

PhilU52

16d

That’s what we do at the hotel where I work. If we finish at 23h, we write 23h30 in our hours, and the chef change it in the system every morning. One time the owner was being bitchy about it because we are the only department who’s doing this. So we started to go on 30 min breaks right before closing and always needed overtime to clean everything so he stopped bitching!

Philly_ExecChef

16d

That’s it, right here.

Mandatory breaks are great on paper, but they’re a cost saving tool, not enforced for the wellbeing of the staff member.

kaseylouis

16d

My job just takes the 30 minutes out of your shift if you work 6 hours.

CorruptThrowaway69

16d

This is illegal if you arent actually taking a break.

My job would do this, so i would actually take my breaks. Someone who wasnt taking them found out, reported it, and it was a huge thing. HR got in front of the issue, had words with management, and went through every single break you had since that management took over, they marked every single one that looked too clean (The breaks that got added in were always x:00-x:30) And manually asked you for each and every one “Did you take a break at this time on this day”.

They then reimbursed everyone so that there could be no legal action against them.

kaseylouis

16d

Usually we can put “no break” on our time sheet but who knows if that actually does anything.

Burrista_E

16d

I suggest keeping a record of hours and seeing if they match up on the paycheck. Payroll employees make mistakes same as anyone else, don’t lose out on your paycheck

Karmatoy

16d

You can put it and get paid the half hour but it is still going to become an issue if it's seen with any frequency or pattern.

Rousebouse

16d

Depends on the jurisdiction. Some places have an option to opt out of lunches but generally they are mandated.

Binasgarden

16d

Being doing it to wait staff for years

french_snail

16d

Where I work everyone always takes their hour break even though it’s unpaid

Because the cooks live in apartments above the restaurant lol

Goroman86

16d

This is the actual issue lol.

Bluesparc

16d

Corporate would like a word with you sir. On the double.

Best_Duck9118

16d

Well fuck corporate. Mom and pop is where it’s at!

Karmatoy

16d

I remember this one time at a Mom and Pop i got 6k every three months just for making food costs 2k at the end of the year for reaching my margins on labour's and $500 for meeting all other budgets every months... no wait that was corporate.

Soggy_Stock

16d

If I could I would, which is why I don't tell them to go punch in/out everytime they go smoke or step to the back to eat something.

Legal-Law9214

16d

Well, it sounds like you have a choice: either let your employees continue not taking breaks and you take the fall for them when someone notices, or you put your foot down and enforce company policy.

AcupunctureBlue

16d

In most of the UK, where I am, restaurants with unpaid break time still don’t pay you if you work through the break. If you do that, you’re working for free, so you may as well sit down. If they let you. Forcing staff to take breaks seems pretty humane to me.

Sir_twitch

132

16d

I fucking hate unpaid breaks. I'd much rather leave a half hour early and get on with my life than spend thirty minutes awkwardly wasting my time. It's rare there is anything easy or worthwhile to get accomplished of personal stuff in that time, so it's just a waste.

At best, there's a break room provided that has as much care or forethought as fortnite player's apartment. If there's a couch, it always smells of BO, red bull and shame, and is weirdly... just kinda damp.

Soggy_Stock

16d

If I could let them leave a half hour early but still have it appear they took a break I would. But if someone's here for 7.5 hours instead of 8 and didn't punch out for a break even if the employee is happy corporate isn't.

Philly_ExecChef

16d

You want to do something fun?

Have a staff meeting and discuss this. Create a unified, consensus response, and approach corporate with a request for a variance to your operating policy. Allowed breaks, not mandatory. Staff must sign off if skipping the break.

Sometimes that effort gets recognition. Sometimes it gets slapped down. But you could try.

liarlyre0

14d

The staff would at least recognize that their leader got their input and tried to make it happen. There are also plenty of ways to hide things from corporate.

Blaustein23

16d

I used to be an exec for a soulless giant restaurant group(I’ll give you a hint, it rhymes with Landry’s) that very strictly enforced clocking in and out for breaks, as with most things in corporate foodservice, there’s workarounds to make sure things look up to spec on paper for the non-industry office staff, and work for day to day operations while taking care of your restaurant staff

You may have to tweak things a bit and get creative based on how your POS tracks things, but our solution was as follows: when clocking out for the first time after clocking in, our system would put up a prompt that said something along the lines of “are you taking a break?” If you hit yes it marks for accounting that you took your mandatory break

So at the end of the night anyone who opted to not take a break would clock out press “yes I am taking a break clock back in press “yes I am ending my break” and then clock out to end their shift

Legally speaking, they took their break at the end of their shift and voluntarily clocked back in early, the 30 minutes unpaid is essentially applied to the 30 minutes after they finished their shift, so they get paid for the whole time they worked and aren’t forced to lose 30 minutes of labor they should be paid for

jibishot

16d

Can you not "punch" out employees post mortem? The issue is the reporting to corporate if you have no issues with smokes/breaks being taken with care

Not take time from employees who didn't punch out - but faux punch them for 30 minutes after a shift. It would appear as if everyone took break at EOD I imagine.

Soggy_Stock

Sorry I forgot about this post...

basically the entire Sous team and the Exec have talked to everyone multiple times about using the break function. We've said to them, if you dont want to punch in/out multiple times just punch for 30 and take breaks whenever. If you take less than 30 minutes in breaks over the shift we will add time back to your shift at EOD. If you just wanna keep working, still punch out but we will add the full 30 minutes back to your time at EOD.

Its very easy for me to adjust time in our time management system (and for some reason that doesn't create an edit record) but if I start manually adding breaks for every person someone will notice and start questioning it (because adding breaks does create an edit record).

Yupperdoodledoo

-1

16d

Illegal and unethical.

jibishot

16d

Illegal - likely

Unethical - not likely

wb247

16d

Corporate can go fuck themselves. They will NEVER present themselves as happy. You have to intentionally fuck up things they will shit on you about, but don't actually change your bonus. Steer them to some nonsense they care about while you focus on taking care of customers.

Edit: sorry if that is incomprehensible. I may be a bit drinky. But hmu tomorrow if you would like me to explain my thought process. Nearly 4am here.

Proof_Barnacle1365

16d

You keep saying corporate as if your ass wouldn't be on the line too for failing to comply with employment law. Don't pass the buck to corporate, it's a employment law compliance issue.

Soggy_Stock

16d

I mean if they want to take a bunch of 5 minute breaks to smoke instead of one 30 minute break and zero cigarettes for the other 8 hours I'm not gonna tell them no. I just want them to at least remember to punch out for breaks totaling 30 minutes.

The law here just states they have to have 30 minutes of "break time" on a shift over 5 hours not that it has to be all at once.

Edit: Plus if it came down to it being a labour board issue the cameras would show everyone taking breaks throughout the day even if the punch records didn't.

DasHuhn

16d

Edit: Plus if it came down to it being a labour board issue the cameras would show everyone taking breaks throughout the day even if the punch records didn't.

If it becomes a labor board issue, it's entirely possible you won't have the footage to show everyone is adequately taking their 30 minute breaks across 6 smoke breaks.

OGREtheTroll

16d

If you are in the US then those 5 minute smoke breaks (and any break under 20 minutes) must be treated as a paid time and included under hours worked. This is per the FLSA and is federal and applies to all states and territories.

https://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenER5.asp

Proof_Barnacle1365

16d

It's all at once. You're picking at the letter of the law not the spirit of it. It's a lunch time meant to give continuous time to eat and rest not for smoke breaks....That argument isn't gonna hold in court. Courts almost always side with workers and the burden of proof is heavy for employers.

MeesterMeeseeks

16d

Does your company use clock in numbers or cards? Could you just clock everyone who took off half an hour early back in and then out, ow would that be super suspicious

lordchankaknowsall

16d

That's also a labor violation, so it doesn't really fit the bill here.

french_snail

16d

Labor violations? In the restaurant industry? No way José

samuelgato

16d

I'm with you, feel the same way. But businesses can be in deep shit if they don't comply with the letter of the law regarding breaks. Employees can file civil suits for hefty fines on top of lost wages, there's lots of lawyers out there working on commission to get those big settlements.

wb247

16d

Do they get comp food or do they have to pay? Can they make their food while they're making other tickets and take the break once their food is done or do they have to clear the rail and eat cold/burnt food because they were working paying tickets? Do they have to make their own food on break and, in actuality only have a 10 or 15 minute break? Do they get yelled at for ignoring a ticket while making their own food on break? I feel like your answer is in one of my questions.

Sometimes, it's easier to just not take a break...

Soggy_Stock

16d

They get 40% off (as per corporate policy but our food cost is good enough that i just let them make stuff within reason for free, but you gotta pay for low margin stuff), can make food then take break, only thing I ask is that they dont take 30 minutes during peak periods.

We don't yell here.

I think part of it is that everyone is pretty sociable and its easier and more enjoyable for 4 people to step off line in a lull for 5 minutes to go smoke and chat than it is to rotate breaks and sit by yourself for 30 minutes.

I worked in enough shit kitchens to not want anyone else to.

wb247

16d

It may be as simple as looking at your staff at a given time, choosing someone, and individually telling them, "your 30 minute break needs to start 30 minutes from now. Prepare accordingly." Obviously, phrase it in a way they would be most receptive.

MeesterMeeseeks

16d

That's how it is in the kitchen at my work. Four of the twelve of you haven't taken your break yet and need to before you clock out, make it work

Diligent_Start_1577

16d

Do you want them taking half hour breaks or not? You can't just pick and choose when those breaks don't work for you and then be upset when the breaks don't work for them.

AcupunctureBlue

16d

That’s better than 90% of places I’ve worked.

cruxshiba

16d

Lucky enough to work for a restaurant group that gives us a 1 hour break paid with a meal. That why I work for these people for over a decade.

Coldcoffeeinthemorn

16d

Ya my place does 45 minute paid break with a meal it’s awesome makes a load of difference in my day

AcupunctureBlue

16d

Wow ! I’ve never heard of that.

Wonderful_Purchase_8

16d

I think it’s pretty normal in Europe, at least it is in London

AcupunctureBlue

16d

Really? Where in London? Nowhere I’ve heard of. 20 minutes unpaid, if you’re lucky. I worked in a place yesterday that did 30 minutes paid, + free lunch but that’s an American company called Rhubarb.

Wonderful_Purchase_8

16d

I worked at the steakhouse hawksmoor for quite a while, all breaks were paid. We had an hour for lunch & staff food was free. Don’t get me wrong I’ve definitely worked at places that didn’t do this. But I think that’s really been dying out in the years since the pandemic. Now most restaurants provide free staff food & at least 30 mins paid break.

AcupunctureBlue

16d

I’m glad your experience has been better than mine

Wonderful_Purchase_8

13d

I’m sincerely sorry you’re experience hasn’t been better. The industry as a whole needs to change. The conditions hospitality workers are subjected to, in any other industry would be considered inhumane.

sagefairyy

16d

In central Europe having a full on hour PAID plus food is absolutely not common, more like 30mins unpaid. Actually I never even heard of this yet. I‘m surprised the UK does that differently!

ThroatsGagged

16d

The schedule for the day with breaks posted somewhere was what worked best in my experience. It takes no time to put up, sets expectations, and let's staff plan around it or trade breaks if they want. Just remind the first people to go on time, so the last breaks don't get delayed too much. The point isn't to make a strict schedule, it's just to make sure everyone gets a break at a reasonable time.

samuelgato

16d

I have worked at places that will write you up for not taking your 30

sevbenup

16d

Uh yeah cause they want to be paid. Company you work for should treat people better.

86thesteaks

16d

you're the boss? tell them to take their break, not optional i.e. "finish what you're doing and go take your break". let them take paid smokos on top of that if it doesn't ruin the efficiency of the kitchen.

therisenphoenikz

16d

What’s a break?

AcupunctureBlue

16d

😎

Blahblahdook94

16d

If I'm at work, Im clocked in....period. if that means I have to skip a break to stay clocked in, so be it

Blaustein23

16d

I leave it up to the preference of the people working with / for me

Speaking on a strictly business legal paperwork level- The local legal minimum standard is:

For each 8-hour work period you get these breaks free from work responsibilities:

Two 10 minute paid rest breaks

One 30 minute unpaid meal break

At hiring they can either sign off to waive those, or not

Speaking from an actual day to day operations standpoint-

I have 2 people on staff who did not waive their mandatory breaks; no, I don’t have them clock out when they take 30 nor do I hold up any of the rest of the crew when they let me know they need to step off or take a break to eat something

The reality is everyone has different needs, and different conditions they work best under. The idea of a black and white rule of “either you’re forced to take X amount of breaks every single day” or “you’ve signed a waiver you are entitled to no breaks every single day” is idiotic to me. People aren’t one size fits all.

For me personally, I hate taking breaks during a shift, I feel like I lose momentum and get out of rhythm; years ago when I was young and working for a more corporate restaurant group that strictly enforced breaks (and clocking in and out for them) I dreaded it, I’d just go sit out back and end up thinking about how I was just falling behind on prep and could have an easier / shorter / more efficient night if I could just keep working on projects uninterrupted

Conversely, my best dishwasher is one of the two employees who didn’t sign the waiver for breaks, they take 30 for lunch and two 10 minute breaks like clockwork every day, and have zero issue absolutely crushing dishes during our busy shifts, in a way that I couldn’t do with the extra 50 minutes of not taking breaks

Long tangent and not entirely on topic so apologies for that, but to bring it back full circle the tldr; is: meet people’s needs as they need them, as individuals. If you try to force everyone into the exact same break schedule regardless of what they want, it will not go smoothly

(Disclaimer this is purely hypothetical, not legal advice and you should always follow any and all local regulations strictly with documentation and a paper trail when possible to protect your upper class owners and/or investors from any potential liability due to negligence on their part)

Puzzleheaded-Round66

16d

A fucking break what's that? HAHAHA.

420blazer247

16d

Majority of places I worked at have you sign a sheet that says you forfeit breaks. But if that's not the case management shouldn't be telling people to go on breaks but forcing them on breaks for legal reasons

Best_Duck9118

-1

16d

Jeez, you’ve worked at some shitty as places!

420blazer247

16d

And it wasn't that we weren't allowed breaks. It was just we waived the mandatory breaks. It's a very common practice

420blazer247

16d

Lolz. Nah. Majority of good restaurants do that

Nairn23

16d

All unpaid breaks communicate is that you don’t actually care about your employees being rested.

jrrybock

16d

Well, right now, I am an Exec at a small hotel, and with the budget they handed me, most shifts I can only run one cook, and they either have to finish out breakfast and flip to lunch within an hour (which, from breakfast start to lunch end in 7.5 hours) or dinner, which is 7 straight hours... then the PTB wonder why there are shifts over 8 hours (they need to set up, prep and clean as well as service) and why they don't take breaks (so, we stop serving from 8pm-8:30pm so the cook can take a break?)

But I get it. Many places - both companies and states have rules which can get you flagged or, even worse for the company, forced to pay extra for people who don't take a 30 minute break (not 29... that looks like you called them back, so they get an extra hour of pay). When I worked a 5-Star resort in CA, we'd take our cig breaks, but for the 30 minute, one cook would walk down the line, collect all our IDs and go punch us all out, then punch us all back in 30 minutes later and hand the cards back. But we were younger and thought we were bad-ass for doing that. Now, I keep telling my cooks to try to take their breaks (my example at the beginning is relatively new, previous places there was room to do it) and for lordy's sake, take any PTO you build up... they need "them" time, they earned it, they need to take it, and going away for a week or taking 30 minutes mid-shift isn't going to fail the business. They - and we and me - need to prioritize themselves more than where we work, and that's the area I keep seeing, including in myself, to be the problem.

FryCakes

16d

I got fired for not taking my break one time. It was rush hour and I was just trying to help

Strange-Role-8289

16d

Then they still have to clock out, even if it’s just a smoke break. They should clock out every time they go, it’s a hassle but the issue is you cannot pay them for an extra 30 minutes, the end I guess.

OGREtheTroll

16d

Having employees clock out for smoke breaks (less than 20 minutes) violates federal law.

https://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenER5.asp

Per the FLSA, unpaid breaks must be at least 20 minutes or more, and the employee is to be considered as not working during this time, so no calling them back early ("Hey we just got slammed, get back in here!").

https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-785

Burrista_E

16d

We have no requirement for breaks in Louisiana that I’m aware of. I do t really take them other than to use the restroom. I find it difficult to get back into the groove after 10 minutes, I can’t even imagine taking a straight 30 minutes

Burrista_E

16d

TheHecticHiker

16d

dawg i was a first year server at a shitty corporate place and even i got a paid break

OGREtheTroll

16d

Depends on your state laws whether any breaks are required. HOWEVER, the US Wages and Fair Labor Standards Act (FLSA) which applies to all US jurisdictions, requires any unpaid breaks to be at least 20 minutes or more, and the break must be an actual break in which the employee is free to do what they will with their time i.e. they aren't subject to being called back on early. Any short breaks must be paid time and counted towards hours worked for purposes of overtime.

See Paragraph 785.18 of https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-B/part-785

TheGreatIAMa

16d

I'd have a meeting and just explain the reality to everyone. You're a cook, and they most likely want to be where you are some day. The world has rules. Once everyone understands the why, then you do what that other guy suggested and just start prepping people and sending them off. Once you do that for a while, they'll do it on their own I'd bet, you would just need to do some reminders.

Alternatively, let them keep doing what they're doing and find a way to cheat the system.

sauteslut

vegan chef

16d

Where I live (Tennessee, USA) we're required to provide a 30 minute break but it's not mandatory. On slow days people take it, on busy days they don't

Strange-Role-8289

16d

Oh. I guess not then lol.

getyourcheftogether

16d

I've always just staggered the brakes and had the coverage on the stations overlap a little bit. Or in some cases, I would cover the station while they went on break. A lot of people don't like taking their breaks because they don't like to interruption to the work, they're getting paid for them, or they just don't have time. That being said it is not up to them for you to contest the fact that the break needs to be taken. A lot of people might say oh just do away with the brakes and let me leave a half hour earlier, but the second you take away breaks from work they're going to be hollering at you and calling the labor board and or EEOC about not being able to take breaks so.....

Fit-Abbreviations695

16d

I (head chef) rarely take a break at all because I don't really give a shit about it. I do insist that my staff take theirs though. I don't ask, I tell.

BuffaloLincolns

16d

We do 15 before shift together, 15 during individually, and 15 after together. I (sous) take breaks, and speak about the importance of resting. I also communicate often about prep so I understand why some people can’t take a break, then offer to help them so we can all leave. We all look forward to these breaks.

BuffaloLincolns

16d

I work corporate, and these breaks are on the clock, bo one punches out.

Ashby238

16d

We let everyone know that they are free to take an unpaid 30 minute break. No one does. I encourage/send staff out for 15 minute paid ones. Happy staff, happy line.

PlatesNplanes

16d

I can’t even get people to show up to work on time.

BackgroundNet5850

16d

Break.. wth is that?? Too damn busy for one of those... Lol

taint_odour

16d

Post break times on the schedule for their lunches. Then allow them to take smoke breaks when possible.

Inferno22512

16d

Y'all are getting breaks?

Potential-Mail-298

16d

I let people take lunch breaks , they don’t have to punch out . I’m not corporate and I m the owner . Fuck that noise , you work your ass off , take a fucking break to eat a sandwich. The only time I ask for any to punch out on a break is if they plan on leaving the property for workers comp insurance compliance. Everyone just rotates through .

[deleted]

16d

Aslong as I can have a smoke and a coffee or monster when service allows I’m happy, but I work on my own in my kitchen and 30 minutes is the difference between me being well prepped and ready for service or in the shit screaming I fucking hate this job lol.

But that being said in my past jobs where we had a brigade I was still the same, some chefs are just suckers for punishment I spose.

PostApocRock

16d

Just pay their lunch and you wont have a problem (at least in my jurisdiction)

30 min paid break because you could be expected to come back to work. Unpaid break is only if you are free and clear to leave and persue gour own activities

Sum_Dum_User

16d

If it's something that can get you in trouble then tell them they've got to take 3 10 minute or 2 15 minute off the clock breaks and then they can annoy their smoke breaks instead of hot boxing a cig in a few minutes, and it gives them time to actually eat something if they so choose.

Where I am we generally just eat on the clock during down time and aren't required by any local law to take an off the clock break. Smoke breaks are limited to 10 minutes once or twice a shift so we just rotate out during not slammed busy times.

garboge32

16d

Check your state, we could waive our lunches here but we had to sign paperwork.

auntiekk88

16d

Are you talking about people on a line during service? We used to eat a little during prep, work our asses off during service and would cut someone's head off if we were told to take a break during service when the adrenaline is flowing. Then eat/drink to our hearts content after closing clean up. That was 40 years ago but I can't imagine it any other way

ChefSuffolk

16d

Look at it this way: imagine you had to purchase break time from your employer - if you actually had to go to the register, pay them five or ten dollars out of your wallet - and only then could you take time to eat or have a smoke or whatever. Would you do that? Because that’s basically what’s happening when you take an unpaid break.

Suitable-Repair-5540

15d

The clock out for a 30 min break is straight disrespectful. To people who work hard for chump change.

Zone_07

15d

It's a challenge with new hires coming from places that don't enforce clocking in and out; but, they catch on. We have to be on top of them for the 1st week. The staff doesn't have to clock out for 20min or less breaks specially if they are being paid for them. They do have to leave the line and not prep. They can hang out in the kitchen if they want; some guys even go in dry storage and take naps on cardboards on the floor.

patentedman

15d

Are you based in ontario canada?

patentedman

15d

Are you based in ontario canada?

patentedman

15d

Are you located in ontario, Canada?

RayGeFilled

15d

It was more of a challenge before Covid, but since then it seems like everyone is all for it. Also, they get a free shift meal, and if they stay in the building we make it a point to not talk work with them until they are back in the clock.

Goroman86

16d

Management issue. People want to make money; clocking out for a break means less money so they are less likely to do it. If you are desperate to keep labor cost down, consider discussing the situation with your staff and scheduling fewer workers in a way that pisses off the fewest people.

Soggy_Stock

16d

Nah we are good on labour, always under budget. We've discussed, we've reminded, I'm just tired of beating my head against a wall everyday. "Hey go punch out for a break" "no i don't want to sit for 30 minutes" "ok keep working but punch out and i will add 30 minutes to your time so you don't lose money" (which I do) "oh ok" but if I don't nag every one of them every day they won't do it, even if they aren't losing money.

it's literally just that corporate gets pissed because they don't want labour board issues.

Proof_Barnacle1365

16d

There are states where employers are required by law to provide breaks. Failing to do so incurs penalties and opens you up to labor lawsuits. So it's important to enforce taking breaks as a manager even if staff doesn't want to. You can even discipline employees for not taking breaks because it is needlessly costing you penalty fines.

meatsmoothie82

16d

Line cooks don’t need a 30 minute break- they need 6 5 minute smoke breaks

Karmatoy

16d

I don't mean to sound like a dick but I havw writen people up for not taking breaks.

I have a budget and labour hours I didn't make them up because i also have rules and mandates to follow.

If an employee can't take there break I offer multiple options to ensure first and mainly being that I will cover there spot while they are gone.

The breaks are not a suggestion they are the law, and if they are not taking a break down the road that reflects badly on you. Especially if a disgruntled employee claims it is a problem later when in fact they were just choosing not to and the time sheets will support those claims.

If you have an h.r. department then you need to discuss the process with them. Always email yourself dated and conversation cc h.r. when counseling an employee.

At the end of the day if they are not taking there break you are responsible for ensuring they get its your ass if you are not documenting.

Proof_Barnacle1365

16d

As someone who is on the ownership side, I would have put you on performance notice. You've been given a very simple compliance directive from your bosses and rather than help them reduce liability you actively try to circumvent it and increase the risk over a very standard requirement.

You need to buckle up, take it seriously and enforce breaks with your staff. If they don't take their 30 they get performance warning. 3 strikes and you're on a PIP for 30 days. Any repeat in the 30 days and you're terminated. Clear and concise.

If you don't, then your job is on the line for being a liability.

HeadReaction1515

16d

“You are required to take a break and your time is docked regardless. Take your breaks.”

The rest is their problem

Soggy_Stock

16d

If their time is docked and no break is taken, that's a worse situation with the labour laws than them just not punching out for the break.

HeadReaction1515

16d

Not if it’s loudly and unilaterally announced and insisted upon by the employer. Team leads have the responsibility to make sure it happens. That’s what you have chefs de parties for.

At least where I’m from, there is a logical employment protection known as “good faith.” All staff must take breaks. All opportunities to take breaks are provided. All positions of responsibility insist on breaks and make provisions for it to happen.

In good faith, the employer has no reason to believe breaks are not being taken. If they aren’t, it’s on the employee.

OP apparently has a problem with their communication.

CorruptThrowaway69

16d

Not every place has laws that allow “good faith”. A lot of laws are written terribly for certain industries.

HeadReaction1515

15d

I’d challenge you to name a place that doesn’t.

Staff take breaks when they’re told to. OP doesn’t either tell his staff to do so or they refuse - both of those events have very simple and direct solutions.

OGREtheTroll

16d

There are numerous court cases involving this exact scenario. None of them ended favorably to the employer.

HeadReaction1515

15d

Provide a source.

OGREtheTroll

15d

No, I don't think I will. You can find them yourself with a search. You can't shift everything onto other people, just like you are doing here and with your break policy. But good luck if you think "thats their problem" is an adequate response to a DOL investigation for wage theft.

HeadReaction1515

15d

It’s not a DOL case for wage theft if at the direction of management via team leaders breaks are ordered. It goes like this - “Take break.” Then person goes on break.

See how that works? Do you want a source?

If you make a blanket statement like “there are numerous court cases involving this exact scenario,” then you must have one. There are numerous, right? That’s what you said. So where’s one case?

johnbaipkj

16d

The only place I've ever been required to take my break was at Sonic back in highschool. Back then I would just go get really stoned and come back in a haze. Working in the last place for years wasn't corporate and we wrote our times in everyday and there wasn't any way to track if we were taking breaks. I'd go for a cigarette every few hours, but I'd never take a 30 like that. I get in the zone and that would just screw me up lol can't stop the momentum

Soggy_Stock

16d

We switched to "push" which has a feature that corporate likes to run during audits that will say what percentage of BOH/FOH has taken a break during whatever date range..

Sekreid

16d

Just deduct 30 minutes , problem solved

rch5050

-2

16d

You tell them they will be not be paid for 30 minutes of their shift. If they would like to rest during that period they may but they will be clocked put from 8-8:30 no matter what.

They will take the break.

Soggy_Stock

16d

if they don't punch out and keep working and we dock them 30 minutes that's more against the labour code than my current problem.

rch5050

16d

I don't think I explained myself right then. Employee MUST take a 30 by law. You tell them the break their break will be from 4-4:30, and they will be clocked out during that time. If they choose to keep working that on them. No laws broken as far as I know. As long as you aren't forcing them to work.

It shouldn't be an issue anyway. Hey your break is from 4-4:30. You must take it. Done.

OGREtheTroll

16d

Thats an excellent way to incur some heavy fines.

rch5050

16d

How so? Employees must take a 30 minutes break is a rules, and you are enforcing that rule. It's not even mean, just honest. I don't see how that is breaking any laws

LongrodVonHugedong86

-7

16d

Not a chef, for some reason this has come up on my feed…

Couldn’t you get your guys to just punch in/out for 30mins and still just keep doing what they’re currently doing?

Like Bob punches in/out from 6-6:30, Steve does it from 6:30-7 etc but they still just take short “cigarette breaks” like they currently do, just to keep everything above board on paper?

Goroman86

16d

You're suggesting that they make all their cooks work 30 minutes for free every day? I feel like that creates way more problems than it solves lol

Soggy_Stock

16d

No he's suggesting that the 6 breaks they take currently but do not punch out for (which add up to about 30 minutes) be accounted for by everyone just punching out once for 30 minutes. Then take their multiple breaks throughout the shift which total 30 minutes but only punch out once instead of 6 times.

Goroman86

16d

So they lose the 6 breaks they would normally get so they don't have to clock out?

LongrodVonHugedong86

-3

16d

Are you stupid? Where did I say that?

OP stated that the cooks take multiple short breaks throughout their shift, and won’t go for 30mins in one go. They stated an example of 6, 5min breaks throughout the shift.

The suggestion is that them doing so is getting the business in trouble with the labour board. So if they can’t force them to take it in one go, there is a solution. Continue to take 6, 5min breaks as they do, but clock in/out for one continuous 5min break in order to cover it off with them

Goroman86

16d

Where did I say that?

Couldn’t you get your guys to just punch in/out for 30mins and still just keep doing what they’re currently doing?

Sorry if I interpreted that as it's written, but it seems like you were suggesting cooks clock out for 30 minutes while continuing to work ("keep doing what they're currently doing") but yeah I am stupid so thanks for reminding me.

Edit: and the reason they may be in trouble with the Labor board is because their practices seem to be in defiance of labor laws. You have it completely backwards.

Soggy_Stock

16d

The law does allow breaks to be split up into shorter periods. It's more that even reminding everyone every day for over a month to punch out for breaks (so it shows they did take one). The second I stop reminding them they stop punching out.

If they did punch out but kept working I'd just add 30 minutes to their time at the end because fuck working for free.

Iron-Patriot

16d

Like Bob punches in/out from 6-6:30, Steve does it from 6:30-7 etc but they still just take short “cigarette breaks” like they currently do, just to keep everything above board on paper?

Did you miss this in your outrage?

Goroman86

16d

No, but chose not to include that attempted fraud as I was answering only the questions asked, but duly noted, thanks.

Iron-Patriot

16d

You're suggesting that they make all their cooks work 30 minutes for free every day? I feel like that creates way more problems than it solves lol

This makes no sense then. That wasn’t the suggestion at all. The suggestion was to clock out for thirty-minute breaks but carry on taking six five-minute breaks instead.

Goroman86

16d

Yeah the suggestion I replied to did not make any sense. But no matter how you slice it there is 30 minutes of unpaid labor.

Iron-Patriot

16d

If they’re taking six five-minute breaks throughout the shift, how so?

Personally I think that’s madness, at work I just have a sneaky vape inside to assuage my nicotine cravings and make sure to take a decent lunch break (enough time for a cheeky pint or two) but if that’s what these folks want to do, what’s the problem?

Goroman86

16d

They have to clock out (not get paid) for 30 min break. Forcing a worker to put all their 5 min breaks they would normally still be on the clock for into some sort of collective break time still means they lose out on 30 min pay and nobody is happy.

Continue thread...

420blazer247

16d

Liability! If someone off the clock gets hurt, its not good for owners

Goroman86

16d

I honestly admire the quick turnaround from "I don't know anything about that but here is my take" to "you're an idiot because you didn't like my convoluted plan to fool the labor board" god bless

LongrodVonHugedong86

16d

“Clock in and out and take your breaks as you normally would” is convoluted?

Wow… you must struggle to count past 20 once you run out of fingers and toes

Goroman86

16d

Why are you being so insulting? Are you okay? I was not insulting in my initial reply, but you just keep insulting me.

But yeah multiple people clocking in and out repeatedly to cover management labor crimes is "convoluted" to say the least.

AcupunctureBlue

16d

He’s not a chef but he’s training to be one - not the cooking part, just the aggression.

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