I work at a Kroger near Nashville and have been since last year. As a mixed clerk, I put every ounce of effort I possibly can into ensuring that the customer's experience is as smooth and efficient as possible. I don't like to brag, but I'm definitely one of the fastest baggers and cashiers we've got. After 2-3 hours, I find myself needing a break. Problem is, there's a systemic problem with front end supervisors, as well as managers, not giving breaks anywhere even close to on time. I am a minor by the way, and the following problems affect both minors and adults equally, every single front end employee deals with these issues. There's a clipboard that has everyone's name, shift, and the break/lunch time written in. They may as well not, because while it would make perfect sense for someone working 4-9 to get their break at 6:30, roughly dissecting their shift, they end up giving that break at like 7:30, 8, or sometimes even 8:30 or 8:45. Breaks are routinely given 30 minutes to 90 minutes late.
This is unacceptable and in fact quite counterproductive. Firstly, all they're doing is making a worker's first part of their shift the longest, making them work 3-4 hours straight, tiring them out. And secondly, their justification of "we're busy" makes no sense, because we're practically always busy, and news flash: NO MATTER HOW BUSY IT IS EMPLOYEES GET THEIR BREAKS EITHER WAY. No matter how you slice the pie, a person working 5 hours will work for 4.75 hours and be on break for 0.25 hours, that is unavoidable; inevitable. So wouldn't it make the most sense to optimize that time and give them their breaks/lunches roughly halfway into their shift/half shift so they work the most efficiently? The union contract says yes. In the local 1995 UFCW contract, it clearly states in Article 9 Section E that "...Kroger will make every effort to give breaks in the middle of the half shift/working period." This has not happened, not even close. I can tell they're not making an effort because instead focusing on giving breaks, like proper supervisors, they focus on making excuses and half-assed justifications. Even when there's multiple floor supervisors standing around texting, I'm working 30 minutes, 60 minutes, 90 minutes, 120 minutes past my break/lunch time. WHY?!
And second of all, the front end managers/supervisors have only been giving one 15 minute break for shifts lasting between 6 hours and 8 hours despite the union contract clearly stating that in any shift over 6 hours, employees are granted a second 15 minute paid break. This is routine. It's become second nature for employees to expect only 1 paid break and 1 unpaid clunch during a 7.75 hour shift, despite the fact that they are absolutely, 100% guaranteed a second break. I inform my coworkers that they are entitled to a second break and they say "No I'm not, [front end supervisor] has always only given me 1 break". This has been going on not for a few weeks, not a few months, but years.
Just today, a coworker worked an 8 1/2 hour shift. She took a lunch as usual, but her 15 minute break wasn't given until 15 minutes before her shift ended. The supervisor said "You should have asked earlier." and I seriously wanted to sock her in the face. Here's why. First of all, I've asked for my breaks and lunches before, want to know what happens? They tell me "I have a clipboard right here, I know when your breaks are." Oh really? Do you now? Secondly, considering the fact that they get so irritated when people ask for their breaks, shouldn't you have your **** together? Shouldn't you be on the ball? Reliable, at the very least? Most importantly, why the **** are you making us crawl to you to get our legally/contractually entitled breaks/lunches? What I don't understand is why people can't simply just take their break when it's written on the clipboard, it's 15 minutes for god's sake. Not to mention, the clipboard is specifically set up so that no more than 1 or 2 people have a break/lunch at a time.
Infuriated by the above issues, today, when there was no official front end supervisor, just a high-flung cashier assuming the position of front end supervisor, I decided that after 45 minutes of my lunch not being given to me, while it wasn't particularly busy or anything, I told everyone around me that I was going on lunch, and I walked right the **** out of there and took mylunch.I was livid. 10-15 minutes into my lunch, I hear the front end "supervisor" (not actual supervisor) call my name over the announcer thingie calling me to the front. I said to myself, "**** off" and ignored it. When I got back, it was clear she knew I took my lunch, it was clear she knew what I did. She said "You can't take your lunch without me saying you can."
I replied and said, "Why not?"
"Because you just can't."
"Well, according to Article 9 section E of the UFCW contract, and common sense, I have every right to take my lunch 70% into my shift."
She huffed and puffed and couldn't believe that someone stood up for themself. She talked to another high-flung cashier and eventually called over the nearby HR lady, a person with actual authority, and had a private conversation with her that I couldn't hear (she stepped to the side). While she initially seemed as though I was going to get in trouble, she seemed to get especially salty after talking to the HR person. That suggests to me that she isn't able to do anything about it, and that even if she was a front end supervisor or manager, reprehending me for doing so would only result in a massive ****show that would expose what they're truly doing to these employees. An hour or two later, an actual front end supervisor shows up and gave my breaks on time, though she in particular was always pretty good at doing so. The other 5 supervisors/managers, not so much.
So, what I want to know is, should I just continue taking my break/lunch whenever it gets past the time clearly written on the clipboard? And if so, should I just say **** it and take it after 15 minutes pass after it's supposed to be? 30 minutes late? an hour late? What's the worst they can do? Sure, the front end manager, in charge of scheduling, could **** me over on hours, but regardless, the union contract says he has to give me 18 hours a week, which honestly wouldn't be a big deal. And if that's the worst he can do... then **** it, my well-being is worth far more than that. Also, I have a medical condition that they damn well know about, so I really do need these breaks/lunches. I just want to sit down for a few minutes for ****'s sake...
Exact same problem in my store. In fact, I could almost swear you work in the same store as me from the way you describe the problem. I know at least in my state legally minors must take a lunch every 5 hours. So I don't think they can stop you from taking a lunch at about 5 hours, in fact that actually saves them from legal trouble. But I will be curious to know whether they can stop you from taking your break if it's hours late. There have been plenty of times when I just want to go and take my break when it is an hour plus late and all the head clerks have seemingly disappeared.
I believe you signed something stating you understand/know Minor Laws/Rules. I would follow those rules and wait until the last second before a violation and take whatever your required by law to do. Everything else just wait until they tell you to do something (Ask once if your can go, just to remind them you haven't had one). If you don't receive your break.....1) Go to Store Manger and state you didn't receive your contractual Break 2) File a Grievance. Normally Hours are assigned depending on your seniority/availability. While is states 18 hours min, if your avail/seniority is not inline with others you might be lucky to get <18.
Unfortunately, there is no hard-line "limit" set out by Tennessee law, however, the union contract very clearly says that breaks have to be given reasonably around the middle of people's shifts. That's why, when it gets like 65-70% into my shift and I still haven't had a break, I feel I can/should just take my break. I've earned the damn thing, you know?
You sound kind of whiny to be honest. I'm a FES and giving breaks on the dot is pretty much impossible. How busy is your store? Are your other co-workers coming back from their breaks on time? Have you ever asked your supervisor why your breaks are late?
How busy is your store? Are your other co-workers coming back from their breaks on time? Have you ever asked your supervisor why your breaks are late?
OP here, The store is generally pretty busy, though we are often times ****ed because they don't schedule nearly enough people for enough hours. The Front End manager doesn't give a single **** about anyone, and usually spends a substantial portion of his $25/hr full time shift texting/dicking around. There will often times be multiple supervisors/front end managers/assistant managers up front at once, and they'll stand around talking while there's not only work to be done, but breaks that are more than just a little late. This is not a problem of circumstance, it's a problem stemming from systemic laziness. I really don't mean to sound whiney, but I've seriously had enough. I've been working there for a year and this happens every single day. I keep track of everyone's breaks and lunches, my mind is a number crunching machine.
This is my thought process every single shift:
"What's that? It's 4:45? So-and-so's break is due, they've been here for 3 hours, I'll take over their register so they can get a break. Oh what's that? Egotistical numbnuts front end manager can't handle someone politely asking to take over for someone's break/getting a break? Well guess their break is gonna be another hour late, and therefore mine will be another hour of two late. Hooray..."
Co-workers generally do come back from their breaks on time, and I have indeed asked why breaks are always doled out so late. They simply don't care about efficiency or productivity, all they care about is their own selfish needs. They'd rather stand around and chat and text, coming up with bull**** excuses for why dozens of employees on a daily basis get their lunches/breaks hours late, instead of trying to fix the core problem.
Legally we are required breaks. Two ten minute breaks for an eight hour shift. Regardless when and how the lunch falls. We are entitled to two ten minute breaks and a one hour lunch for a nine hour shift. If a shift is over five hours you are required to have a 30 minute lunch and a 10 minute break. Legally your break does not count as your lunch. Your employer can get into big trouble if your employer is not giving you breaks. Your employer is not allowed to give you 10 hour shifts due to contract rule. Your employer is not allowed to give you a one hour lunch for a five or six hour shift to intentionally reduce pay.
You are entitled to all your breaks. If you are not getting them; then call the union. By labor laws we are entitled to them whether the company likes them or not. I threw my last employer under the bus for trying to cram all our breaks into the first three hours because we were getting bladder infections.
Call your union rep if your managers day or night are quarreling with you about yoru breaks. We are entitled to them!
This was happening at my other store. Management didn't honor closing cashiers their breaks and crammed the other breaks in one lump sum. Which is illegal. No one to let us out for even a bathroom break. We took our breaks when it got quiet. Goodness do customers get harassive when they find no cashiers and start harassing the cashier that slipped away to take a union mandated break. If this keeps happening start carrying a note book to write down shifts you do not get breaks on and file a complaint with the Kroger Ethics Board. Legally we are entitled to take peaceful breaks. Without worrying about customer harassment after returning.
