Nanasturtles
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posted on January 12, 2002 08:00:20 AM
I currently work for a Home Health agency as a Nurses Aide.......I work Mon-Wed. from 9:00 am.-7:00 pm....10 hour days. Normally I know that it is a law that for every 4 hours hours worked, you are to receive a 15 minute break.....at least in Ohio which is where I reside. My employer has told me that Home Health agency's are exempted from this law and I am not entitled to any breaks.......does anyone know where on the internet I can find out information on this law and how to find out if Home Health Agencies are exempt?.....I have searched but have not come up with anything yet. Any help or direction would be appreciated.
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krs
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posted on January 12, 2002 08:18:36 AM
They aren't required to give you any breaks or lunch at all.
Get back to work.
http://198.234.41.198/w3/webwh.nsf/allbykey/580BEF3DEFBCCEA5852567D2006B5FED
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REAMOND
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posted on January 12, 2002 11:40:18 AM
Unionize.
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hjw
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posted on January 12, 2002 02:44:01 PM
Right!
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hjw
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posted on January 12, 2002 03:08:48 PM
http://www.aflcio.org/home.htm
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Nanasturtles
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posted on January 12, 2002 04:30:24 PM
Don't think that this agency will being union anytime soon......I just thought this was a federal law that I heard.....thought this board would be one of the best ways to find out. Thanks for your help....
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chococake
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posted on January 12, 2002 05:34:58 PM
Wow, I didn't know that. I always thought it was a Federal Law that everyone had a lunch and rest period. Ten hours without a break? With the kind of work you do you must have to drag yourself home. That's crazy. It's hard to find a good home health aid, now I see why.
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Borillar
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posted on January 12, 2002 07:21:40 PM
You'd be better off being President: 5 months of screwing off with the occasional speech, then one month off -- then five more months of screwing off with occasional speeches, then another month off ...
... and so it goes ...
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quickdraw29
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posted on January 12, 2002 11:16:40 PM
Geez, what an awful law. I hope your employer is gracious enough to give you time to P.
[ edited by quickdraw29 on Jan 12, 2002 11:19 PM ]
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hjw
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posted on January 13, 2002 08:34:55 AM
If you can't organize these employees, I would leave. No employee should be so mistreated. Next, they will expect you to put a broom somewhere and sweep the floor while you take care of the patients.
Helen
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Borillar
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posted on January 13, 2002 09:33:53 AM
Businesses that get exemptions got them by creating a political lobby and bribing public officials to bend the rules for them. here in Oregon, we have some pretty good basic work rules, but they do not apply to agrarian workers. Those in the fields must work until they drop or the foreman allows them a few minutes break. It's slave labor and no mistake. A union is nice, but it takes time and many will loose their jobs and the government will come in on the side of the businesses, because that's who pays them off. I don't see a point in having these exemptions from the laws stand as they are while a union tries to negociate. That's negociating from a position of weakness and that never seems to work. Change the laws first, THEN unionize! Then you will have an even chance to make good bargains.
There are only two types who hate unions: 1) The owners who can't cheat the workers; and, 2) ignorant people who think that unions hurt business (untrue) and lower quality (also untrue) and raise prices (very untrue).
If you want to unionize, stop voting Republicans into power on your local and state level first before anything else. Democrats get bought out just as easily, but they are supposed to be for you, not large corporations that couldn't give a damn about you!
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dman3
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posted on January 13, 2002 12:20:12 PM
There is no Federal law that says any employee is intitled to a break every four hours they work.
There is general regulation on Breaks for Factory works who work on a line where they can not get away from a production line to go to the bathroom and so on the law allows for two 10 min breaks and 30 or 20 min lunch break in every 8 hours worked paid or unpaid these are Osha safty Rules.
in order for a large factory to only give a 20 min lunch they must pay yearly for a special permit the only reason this permit would be issued is because the number of employees is very large and it would take over the 8 hour day to provide breaks to every employee.
In a factory you are allowed two 10 min breaks one 20 or 30 min break and your replacement shows up at the line two work 5 mins earily to allow time for you to clean up before its time to leave work since many cemicals worked with are toxic.
I have been Down this road with the labor department many of the thing we grew up learning about labor rules and laws just are not fereral or state laws at all.
The only ones that really are is minium wage and that depends on the job you are working at some businesses only have to pay state min wage some must pay federal min wage and yet other like farm help are covered under a whole other standard yet.
as well the other is child labor laws and even that depends on the type of job and work mainly cover minors working with or around heavy machinery not actually working.
http://www.Dman-N-Company.com <br />
Email [email protected]
[ edited by dman3 on Jan 13, 2002 12:27 PM ]
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ThriftStoreQueen
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posted on January 14, 2002 06:49:11 AM
Heck I work at a thrift store part-time, four hours a day and I get a 15 minute break. So if I go in to work at 8:00am, at 10:00 I am taking a break. 
If you work 6 hours you get one 15 minute break and a 1/2 hr. lunch.
If you work 8 hours you get 2 15 minute breaks and one 1/2 hr. lunch.
Ten hours with no breaks????? GOOD LUCK in your search!!!
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yeager
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posted on January 16, 2002 12:35:47 AM
I would try to find a local Nurse's Union. You could ask a nurse at a local hospital for information on this subject. Maybe she could give you some insight into this. If you can't form or join a union, then if your empoyer is large enough, you may investigate forming an association of your own. You would want to contact a labor attorney for this.
Also, if you have health problems or a medical condition and truly need a break, then you may be covered under the American's with Disabilities Act. The employer would be forced to give you a break if they could prove it doesn't constitute an undue hardship onto them.
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REAMOND
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posted on January 16, 2002 12:44:45 AM
I wouldn't count on the Americans With Disability Act for much after the latest ruling from the Supreme Court.
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lovepotions
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posted on January 18, 2002 03:14:06 AM
I would try the department of labor.
They set the codes for workers. It also includes child labor laws and minumum wage laws etc etc.
http://www.lovepotions.com
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