Archived Shopping on break; 15 vs 30

[Nauzhror]

Sorry mate, it's within my legal right to use the bathroom whenever I please. Your store would be in a huge lawsuit for that so no, they wouldn't tell me that lol

No, it is not your legal right to clock in and then head to the restroom rather than doing it in the reverse.

And in an at will state they can fire you for any reason or no reason so long as it isn't legally discriminatory and since it'd be performance related it wouldn't be.

To quote the Department of Labor:

Breaks from 5 to 20 minutes must be counted as hours worked.

Even though they are not required by the FLSA, if you permit your employees to take breaks, they must be counted as hours worked. This includes short periods the employees are allowed to spend away from the work site for any reason.

For example:

• smoke breaks,
• restroom breaks,
• personal telephone calls or visits, or
• to get coffee or soft drinks, etc.

Note, however, that you need not count unauthorized extensions of authorized breaks as hours worked when you have expressly and unambiguously advised the employee that the break may only last for a specific length of time and that any extension of the break is contrary to your rules and will be punished.

See the, "Even though they are not required by the FLSA, if you permit your employees to take breaks, " part there?

You are NOT required by law to be paid while using the restroom. EVER. There's no mention of reasonableness anywhere. It is NOT reasonable to expect to be paid for using the restroom at any place of employment. If they choose to pay you during such period of time they may choose to do so, but they are absolutely not ever obligated to do so except where a local law makes it so.

 

[awbuckit]

If I need to buy something, my break starts when I leave the register. If I get stopped I figure it's par for the course as I'm a bullseye in my red and khaki. Oh well. I try to carry money and/or my phone in my hand but I feel sorry for people who are looking for something so I try and offer help...if I'm not starving to death. lol

If I were your TL, I would be talking to you about breaks. Your break starts when you say you're going to break, not when you're done buying whatever you're buying. That's why people end up taking 20-25 minute breaks on a regular basis (and productivity suffers).

Ummm, by "leave the register" I meant the lane I'm currently cashiering on.....not the one that I just purchased something from.
If I go and buy a snack I include that time in my 15.
For sure, if we were buying stuff and THEN taking a 15, our GSTL/GSA would be having words with us.

 

[Retail Girl]

If I need to buy something, my break starts when I leave the register. If I get stopped I figure it's par for the course as I'm a bullseye in my red and khaki. Oh well. I try to carry money and/or my phone in my hand but I feel sorry for people who are looking for something so I try and offer help...if I'm not starving to death. lol

If I were your TL, I would be talking to you about breaks. Your break starts when you say you're going to break, not when you're done buying whatever you're buying. That's why people end up taking 20-25 minute breaks on a regular basis (and productivity suffers).

Ummm, by "leave the register" I meant the lane I'm currently cashiering on.....not the one that I just purchased something from.
If I go and buy a snack I include that time in my 15.
For sure, if we were buying stuff and THEN taking a 15, our GSTL/GSA would be having words with us.

Thank you for clarifying this, as I also thought you meant leave the register after buying something.

 

[PinkZinnia]

When I was hired we were told we could not purchase anything while on 15, yet people do it.. I think it depends on your management..mi have noticed target getting lax over time on everything

 

[Barcode]

My 15 doesn't start until i buy I want and walk to the breakroom

No it starts when you stop working or are relieved.

not for my flow team it isn't. we're suppose to take our first 15 at 9:00 but we usually buy food on the way to standout in front in the store, we usually don't go back until 9:21 or something so yeah, my break doesn't start until i buy what i want and make it to the back hehe

True, I worked overnight once at walmart, but that is different because usually EVERYONE goes on break since there's no real schedule or anything.

 

[Meepers]

I'm not sure what our rules are for that... I have a general rule that I don't buy anything until I'm off the clock. And I start my break the moment I get into the break room. No one has complained yet *shrugs*

 

[mrknownothing]

When I was a cashier, my break included all time spent away from my lane. On the sales floor, it's the amount of time I'm offstage.

 

[Deli Ninja]

At my store, we're allowed to buy anything on our 15 with the exception of alcohol (I doubt anyone has tried... all we have is beer) and high-demand items (think deeply discounted weekly sale items and pretty much anything listed in the Black Friday ad on Black ThanksFriday). You can buy high demand items on your lunch, because you are off the clock, but you better be covering up your red.
My own practice is that my 15 starts when I step into the TMSC to grab my hoodie because I am prepared to help a guest until the moment I step through that door.

 

[Kompa]

Sorry mate, it's within my legal right to use the bathroom whenever I please. Your store would be in a huge lawsuit for that so no, they wouldn't tell me that lol

No, it is not your legal right to clock in and then head to the restroom rather than doing it in the reverse.

And in an at will state they can fire you for any reason or no reason so long as it isn't legally discriminatory and since it'd be performance related it wouldn't be.

To quote the Department of Labor:

Breaks from 5 to 20 minutes must be counted as hours worked.

Even though they are not required by the FLSA, if you permit your employees to take breaks, they must be counted as hours worked. This includes short periods the employees are allowed to spend away from the work site for any reason.

For example:

• smoke breaks,
• restroom breaks,
• personal telephone calls or visits, or
• to get coffee or soft drinks, etc.

Note, however, that you need not count unauthorized extensions of authorized breaks as hours worked when you have expressly and unambiguously advised the employee that the break may only last for a specific length of time and that any extension of the break is contrary to your rules and will be punished.

See the, "Even though they are not required by the FLSA, if you permit your employees to take breaks, " part there?

You are NOT required by law to be paid while using the restroom. EVER. There's no mention of reasonableness anywhere. It is NOT reasonable to expect to be paid for using the restroom at any place of employment. If they choose to pay you during such period of time they may choose to do so, but they are absolutely not ever obligated to do so except where a local law makes it so.

I live in a state that does though. And even if I didn't that's a massive grey. Being fired for going to the bathroom doesn't count as an "at will" thing. You could easily get a note, or simply fight it in court and you'd win. They can't tell when you have to go and most local laws would protect you if you were fired for taking bathroom breaks. I'm not saying take tons of breaks throughout the day, but if you happened to use the bathroom at the same time everyday, and got fired for it, the law would have your side 9 times outta 10

 

[sher]

You guys hold your pee until breaks????

Taking it before/after a break isn't lazy unless you're spending 20 minutes to "pee". Depending on where the backroom (or wherever you pee at) is located, I don't see it as unreasonable to time it before/after a break because on that long ass walk to/from the backroom, you'll be asked by 7 people where bread and ramen noodles or some other b.s. is located. Besides, no way someone's bathroom break is really preventing them from getting something done. I've never had to work harder because someone who doesn't do kegels took a 3min pee break. Let's stop the exaggeration.

Maybe I just pee fast. idk. idc.

I'm actually amazing at holding my pee because my pc muscles are super strong due to years of avoiding public restrooms... and being too comfortable to get out of bed, so this isn't a pressing issue to me, but I have 0 plans to hold out on taking a break until I have to pee... or hold pee until I get to take a break. I have to pee right now, but eh... I'm a "lazy sod" lol

 

[Nauzhror]

but I have 0 plans to hold out on taking a break until I have to pee... or hold pee until I get to take a break. I have to pee right now, but eh... I'm a "lazy sod" lol

My issue isn't going when you have to go, it's taking your lunch, clocking back in, and then going to the restroom before returning to work.

 

[sher]

On topic. Lately I only get a 15 because the way these people cut hours means I haven't had a meal in a month. We don't have any rules against shopping, either way, so I do... unless there are lines. Only time I shop when there are lines is if I'm closing and it's my last chance to shop. I think technically, though there isn't supposed to be any shopping during 15s because you're "on the clock" during a 15.

 

[sher]

but I have 0 plans to hold out on taking a break until I have to pee... or hold pee until I get to take a break. I have to pee right now, but eh... I'm a "lazy sod" lol

My issue isn't going when you have to go, it's taking your lunch, clocking back in, and then going to the restroom before returning to work.

I've never had to pee during/after a meal, but if I did, I'd end up working on that long ass walk from tsc to the backroom (I refuse to use the ones by the checklanes. sorry, the women who shop at tgt are disgusting) because when I tell the "guests" that I'm off the clock they get all huffy and it's a pain in the ass and I'm not confrontational in real life. So, I'm not bothered by anyone who does this if they're peeing for a reasonable time. I just don't see the cause for uproar here. And then you'd have to eat quickly, walk that long walk... and then walk that walk back to tsc to clock in... just to walk back to your area which you passed on the way from the bathroom to tsc. And you have to interact with all those ramen noodle and bread shoppers.

 

[sher]

I do have a coworker though who takes her 15, then takes the longest fricking pee break. Like no person should take that long in the bathroom unless they're undoing a chastity belt and 89 layers of clothing. That's unacceptable.

 

[buliSBI]

I have heard of stores requiring TMs to wear a jacket or something, or take their name tag off when shopping on their breaks/lunches. But to totally prevent you from shopping...thats just micro-managing.

 

[sigma7]

My store doesn't stop people from shopping on paid breaks. We need the sales haha.

 

[Bosch]

I have heard of stores requiring TMs to wear a jacket or something, or take their name tag off when shopping on their breaks/lunches. But to totally prevent you from shopping...thats just micro-managing.

Its exactly to keep idiot asshole guests from bothering you, but yeah someone in that store doesn't have any reading comprehension of what the rules are.

And with the bathroom issue don't go there is all I have to say people saying you will write up people you won't win. I have seen and been a part of legal actions and its not something the employer will ever win. All one employee has to say is they are on medications or has medical issue and you are now the one being fired. Just don't go there.

 

[signingminion]

We can shop on any of our breaks. Only an issue if you are back late.

And for bathroom breaks, we have one cashier who owns shot and always punches in promptly at 8am then uses the restroom. Leaving us no cashiers for 5-10 mins.

I do use the restroom frequently. All that in and out of coolers really gets to you. Team restroom is right next to the freezer though. And yeah, just try to stop someone or limit them. The best you can do is suggest and hope they listen.

 

[rockchalk]

I guess my store is pretty relaxed. No one really times our breaks although we all know it should be 15 minutes. If it's a few over no one says anything. We buy whatever we want on either breaks or 30 minute meal times. I get my work and then some done. I'm an adult and am glad to be treated like one.

 

[signingminion]

I guess my store is pretty relaxed. No one really times our breaks although we all know it should be 15 minutes. If it's a few over no one says anything. We buy whatever we want on either breaks or 30 minute meal times. I get my work and then some done. I'm an adult and am glad to be treated like one.

We have several team members who take a 30 min every fifteen and a 45 min every half...every shift. And in a work center that needs coverage.

 

[indigo25]

I've never been told we could only buy food on our 15's, just that we can't leave store property.

Does outside the doors to smoke still count as store property? I know quite a few people at my store who would be pissed if they couldn't smoke.

No, people can still go outside to smoke. They usually walk to the relatively secluded spot where extra carts go at night/bike rack area.

 

[mrknownothing]

My store doesn't stop people from shopping on paid breaks. We need the sales haha.

Same here, as long as you're not late getting back from your break. I often get shifts in the evening where I only have a 15 and need to eat dinner. If I didn't have time to pack anything from home before I came to work (because two jobs) and my break time is after Food Ave closes (because I'm just lucky like that), then I have to grab something from market and hope the checklanes aren't backed up so I have enough time to eat.

 

[EagleEye]

We can shop on any breaks at my store, and if we are in need of backup when someone needs to buy food, they are pardoned for having to wait at the registers. Luckily we can usually go to food ave or sbux to get rung out for small food purchases with little to no wait.

I believe it's outlines in the TM handbook that shopping while working is against the rules, so if you are picking up food items off the shelf, buying them, then deciding that your 15 mins start once you get to the breakroom...then technically you are in violation and could be considered time theft.