Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 8 months ago

Legality regarding work environment ?

I work overnight/graveyard shift at a hotel. I will be the only one in my position on the premise most of the shift. There is no one to come take my place when it would be time to take a break. 

The doors also do not have a lock on them. So if I were to step outside or go get something to eat, I can't truly leave the place secure. We frequent people who are belligerent due to the time of night or shady characters due to the area we are located in. 

My several questions are...

1)is it legal for a place of business like described to have no way to lock the doors, be it for me to take a break not on the premises or for safety purposes?

2) I clock out for my "lunches" even though I am not leaving my job. I have left my job before to grab something when the night seems slow and I have the time to go. I will eat during the shift of course or not be "working" every second as my duties are manning the front desk (checkins, checkouts, calls for rooms needing anything). So if there are no guests, I am just sitting there. 

Is that something that can be used against me? Is it legal for them to have me clock out for breaks when there is no one to take my place to allow me to take an official one?

thank u

3 Answers

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  • Maxi
    Lv 7
    8 months ago
    Favourite answer

    Law depends on country........... however if an employer is following employment laws that are in place where you live they have to allow you lunch/break times and allow you to be able to take then uninterupted, as your employment stands that is impossible....... I have been in your position in the past  I managed a shop, the employment law states I have to have lunch/breaks (and when working alone this was impossible) however my employer said when asked "I 'had' to take my legal breaks/lunch" so I said when alone I would need to close the shop to do that and was told " the shop 'had' to remain open" so they only obeyed the law on paper on in practice and in the 4 months I remained I never took any legal lunch/breaks....so I left as they were making it impossible to legally work

  • 8 months ago

    Location matters, as the law is not universal.  In America there is no law against not having a lock on a business door.  But I think what you are asking is not a legal question but a question about company policy in regards to breaks.  And no one at Yahoo Answers is going to be able to answer on that subject specifically.  And the best person to ask would be your GM.

    That being said, based upon your question I gather you aren't the only employee in the building.  Like maybe there is an overnight maintenance guy or a security guard there too, but that those people can't do your job in the same way you can't do theirs.  And I am willing to bet your company policy is to put the another employee on notice before you leave your post.

    But even if not, it is not a matter of law.  Because in 49 of 50 states everyone without an employment contract or whom is part of a labor union works "at will" which allows an employer to fire you any time for almost any reason, not just good ones.  If something does go afoul from this scenario, hopefully your boss will identify the poor company policy and not blame the specific employee.  Good Luck.

  • 8 months ago

    No law requires locks on the doors.

    Clock back in every time you have to do work on your break. But as you aid, with graveyard at a hotel desk, most of your job is taken up just being there. Stop complaining, it's easy money.

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