I just got called for an interview with another, different, employer. 
Yay
Work Break and Meal Laws
There are no Federal labor or employment laws that require employers to set specific intervals or even make time for employees to take work breaks or eat meals.
However, the Federal Patient Protection and Affordable Care Act (âhealth care reform billâ passed in March 2010) requires employers to reasonably provide unpaid work breaks in private areas for nursing mothers âto express breast milk.â Employers with fewer than 50 employees are exempt if they can prove undue hardship.
Fewer than half the states have laws that require employers to make time for employees to eat meals. Even fewer states have laws that require employers to make time for employees to take work breaks. Although there are no Federal and few state laws that require employers to give bathroom breaks, the Federal Occupational Safety & Health Administration (OSHA) has interpreted a section in its Sanitation Standard, to mean that it "âŚrequires employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities."
OSHA further clarified its interpretation in a letter dated April 23, 2003. Additionally, one of OSHAâs Safety and Health Guides entitled âExtended/Unusual Work Shiftsâ recommends that "Additional break periods and meals should be provided when shifts are extended past normal work periods."
Even though giving rest or meal breaks is not required under Federal labor law and the labor laws in most states, many employers do so anyway in accordance with industry (and OSHA) standards. Industry-standard breaks typically range from 5 to 30 minutes each.
If employers do voluntarily give rest or meal breaks in states without related law provisions, then the work breaks are at least somewhat regulated by the Federal Fair Labor Standards Act (FLSA).
Rest Breaks
Under the FLSA, employers who do have a policy of giving one or more short rest breaks of about 20 minutes or less, must pay employees for their time while on such work breaks.
In other words, the FLSA does not require employers to give rest breaks of any length. But, if employers give short rest breaks anyway, under the FLSA the work breaks are counted as time for which employers must pay employees. If authorized rest breaks extend work hours into overtime, under the FLSA employers must pay the overtime to eligible employees. Meal breaks are the only exception to these rules. More information about meal breaks is below.
Employers do not have to pay employees for taking unauthorized work breaks or extending authorized work breaks without permission, if employers have previously made it clear that doing so is not allowed and punishable. For example, a clear statement in an employee policy manual might be considered by a court to be sufficient.
The Federal Americans with Disabilities Act (ADA) or state equivalents might indirectly require employers to reasonably grant or occasionally extend work breaks for disabled workers, such as bathroom breaks. Employers must reasonably accommodate workers who are protected by the ADA.
States may enact laws that have the same or better work break provisions than those in the FLSA. But, as previously indicated, only a few states (listed below) have laws that include provisions for rest breaks or any other type of work breaks.
Meal Breaks
Under the FLSA, if employers do give meal breaks voluntarily, they do not have to pay employees while theyâre on such work breaks. However, the breaks must be bona fide meal breaks for employers to be relieved of break pay.
For example, an employer who voluntarily offers a daily meal break by policy, but who does not pay employees while theyâre on their meal break, must allow employees to take the whole break without working. Otherwise, it is not a bona fide meal break under the FLSA. Instead, it counts as work time, for which the employer must pay employees.
In other words, employers canât simply label work breaks as meal, dinner or lunch breaks to evade paying employees while theyâre on such breaks. Employers must allow employees to take meal breaks free of work duties.
States may enact laws that have the same or better meal provisions than those in the FLSA.
Dang, girl - did someone sprinkle you with interview fairy dust?? Send some my way if you have any extra! LOL!
A reasonable break for a âmeal,â however, is considered a reasonable accommodation per the ADA (on their website), for persons with diabetes.
Congrats in finding a job!
Your employer isn't allowed to talk like that to you. Perhaps you should seek legal advice?
About your feet. Maybe you could look into better shoes? Ask your fellow workers what shoes they wear. Ask around. Eventually you will find shoes that won't kill your feet.
In many States, employers may have to allow for a proper break and lunch time. They do have to make reasonable accommodations. However, they are the ones who decides what is reasonable or not - sigh.
Tell your boss if he would work with you on the breaks and lunch, there wouldn't be any problems like passing out, ambulance, etc.
He could have been just stressed out that day?
Try the carrot first. If that doesn't help, then whack him with a stick.
I would also think a reasonable break would include a chair to sit down, diabetic or not!
Wow! I just became a 99er and have been depressed because I haven't worked in 2 years and don't see any end in sight for me, but your job almost makes me glad I don't work there. I hope everything works out okay for you.
You forgot one word. "reasonable".
If a company is located on the third floor of a building and there is no elevator, no employer is required to make any accommodations like installing an elevator for someone in a wheel chair.
Diabetes is not classified as a disability - only the complications are. Employee rights vary from state to state.
Ohio has an 'employment at will' law. This means unless you have a labor contract, an employer can fire anyone without a reason.
If you whine too much at an employer, they can simply say we don't need you anymore. And you're gone. You would have to prove your case against them if you sued. Not easy to do. All the employer would have to say if they were forced to was they were doing cost cutting. Case dismissed.
Actually, you might want to look into this a bit closer. Diabetes is considered a disability under the Americans with Disabilities Act (ADA).
If it were a disability, then all diabetics would get social security. I did not read anything that said by simply being a diabetic you were disabled.
I know many diabetics that work without any problems. I only know of one that is an idiot and won't take care of himself (type 1).
In either scenario, no employer has to make unlimited accommodations for any handicapped or disabled person if they deem it is unreasonable.
I dunno. My employer made an accommodation for me by giving me 3rd period prep (I was a high school teacher), because I was on NPH and R, and had to have a mid-morning snack, and couldn't eat while I was teaching. I wasn't disabled per se, but I did need the accommodation.
Of course, this wasn't unreasonable, although most teachers did NOT get to choose their prep period. But it was still an accommodation.
Your employer made accommodations for you. The accommodations were perfectly reasonable. And required by law under those conditions.
It's nice to see that many employers do try to accommodate those with health problems. But there are a few...
I tend to refer to diabetes as a "condition" or "disease," but regardless of what we want to call it, diabetes is covered under the Americans with Disabilities Act, as BSC mentioned.
The American Diabetes Association has good information about this on their website. You should check it out:
I would need exact chapter and verse.
Assuming you were correct, no employer has to make unlimited or unreasonable accommodations for anyone.
Here is my previous quote: "Diabetes is not classified as a disability - only the complications are."
As of 2008, an amendment includes endocrine function as a disability.
I stand corrected. My apologies.
However, lets assume an employer is RENTING a suite on the 3rd floor of a building with only a staircase.
Nothing in the law forces that employer to arrange for a stairmaster or elevator to be installed as that request would be considered unreasonable.
A reasonable accommodation is defined as a SMALL adaptation to the employment environment that does not significantly impact productivity or generates a significant risk to themselves, others or property.
A chair to sit on if you have neuropathy and say you are a bank teller. This is a reasonable request. A place to test blood sugars and inject insulin is also a reasonable accommodation for most employers.
I also did not see anything in the law requiring employers to pay for any accommodation. But merely to make reasonable accommodations. I assume that this is a negotiable scenario?
Of course there are exceptions and limitations to the rules.
It is strange that Federal Law says that Diabetics are considered disabled, but Social Security does not.
I would love to get SS to pay for my testing supplies and prescriptions. But I don't qualify simply because I am a diabetic and can still do things.
GRRR ....stupidity makes me crazy. Donât even engage people like that, it's pointless.
If they fire you on the spot, you wonât have to worry about getting another job because you'll be set for life when you win the law suit!
In the mean time document document document...each and every conversation. Keep it all in a notbook- every dumb thing he says. If you work in an environment with email make EVERY request in writing and keep all responses. Take a deep breath and know that YOU have done nothing wrong. In the US you are under absolutely NO OBLIGATION to disclose any medical condition during the interview unless the position you are applying for involves public safety (airline pilot, police officer etc- and not alwasy then!). Your taking a smart step in reviewing the ADA (American's with Disabilities Act, not the American Diabetes Association) guidelines, educate yourself as to what the leagal definition of a "reasonable accommodation" is...and stand up for yourself. If your boss says even one more stupid thing, just calmly let him know you'll be contacting the human resources department and informing them of the issue. Trust me, having worked in HR for over 15 years, US corporations / non profits are soooo afraid of even the whiff of an ADA lawsuit, I can promise you your reasonable accommodations will be immediately met. ADA laws are FEDERAL laws- it doesnt matter what state you are in- if you request reasonable accommodation ie- breaks at scheduled times- the ability to test/eat/sit you can easilly be accommodated. Again, dont hesitate to make this request DIRECTLY to HR, go over you boss if the idiot is unresponsive.
Someone else sent you the link to this show WATCH IT great advice/information. Iâts super important for all of us to be aware of.
http://uctv.tv/search-details.aspx?showID=12273
Beeing disabled and having a disability are 2 different things.
This is true... However... the ADA, right on their site, consider a proper meal break to manage Diabetes to be a reasonable accommodation. I am not, in any way, requesting a stare master, or fillet mignon. lol
By the way, the ADA also protects Clinical Depression... even though you would have to fight tooth and nail to get SSI for it.
Thanks for the support, friend⌠:)) I have a few interviews at other places, right now⌠lol At this place they treat everyone so disrespectfully, that in that sense, I am not being discriminated against⌠everyone is being treat like crap about equally! lol I also worked in HR, though not as long as you⌠And do know that this is serious business⌠I will say something⌠You know, right as Iâm leaving. lol
With certain exceptions, no employer is allowed to ask you if you are disabled nor ask you if you need accommodations.
You might want to consult legal counsel to know your rights where you live.
Just because you are diabetic does NOT mean you are a danger to anyone. The disease can be satisfactorily controlled.
Whenever I hire someone to help me I don't care what their problem is as long as they can help me.
If they need a chair, sit down, or whatever I am happy to oblige them. Good help is hard to find.
Maybe he went 19 times, but how many did he actually win?