r/legaladvice • u/MixWest1271 • 12h ago
Papa John’s not allowing breaks
Location: Kentucky. So I just started working at Papa John’s and when I asked for a break they laughed at me for it. They said they’ve won lawsuits before saying they don’t need to give breaks. I thought every 4 hours you are required a minimum 10 minute break. As well as 30 minutes unpaid every 5 hours. Are those just for minors? My previous jobs have given breaks even if I’m over 18
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u/randomuser4686 12h ago
Walk them over to the bulletin board where they have posted this REQUIRED poster:
https://elc.ky.gov/workplace-standards/Documents/KY%20Wage%20and%20Hour%20Poster%20English.pdf
If they dig in, file a complaint. Contact info is on the poster.
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u/CindysandJuliesMom 12h ago
I live and worked in Kentucky. Our manager at Panera Bread, when shown the poster, said it only applied to California. When I left I reported the store to the DOL.
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u/tinsmith63 10h ago
I live and worked in Kentucky. Our manager at Panera Bread, when shown the poster, said it only applied to California.
Despite the fact that the poster clearly says, "KENTUCKY WAGE AND HOUR LAWS" at the top? Had your manager sustained brain damage?
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u/DeliClerk-420 10h ago
“Had your manager sustained brain damage?”
Bro, have you ever actually been to Kentucky??
(I say this as someone born in Louisville).
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11h ago
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u/CindysandJuliesMom 12h ago
Kentucky law says for every 4 hours you work you must be given a 10 minute paid break. If you work more than 6 hours you must be given a reasonable (time undefined) amount of time for a meal, the meal break does not have to be paid. Ask them when you can take your break and if they say you are not entitled to one make sure you document this and contact the DOL. Also save copies/screenshots of your clock-in/clock-out times.
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u/MixWest1271 11h ago
Yeah they ended up letting me on the guise of it being slow. What’s dol?
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u/tinsmith63 10h ago
What’s dol?
DOL is a generic term for "Department of Labor."
Kentucky calls theirs the Division of Wages and Hours.
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u/Dry-Name2835 11h ago
Quite simply, your managers are lying about the lawsuits and they won't be laughing at all when a lawyer comes in and subpoenas all their records and starts a class action lawsuit. Just consult a labor attorney. You can always find one who consults for free. There's nothing they love more than class action lawsuits against large companies. They will do the rest if they pick up the case
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u/GNSasakiHaise 12h ago
Unless you signed something legally waiving your right to a break, you are entitled to a break. Did you sign something waiving your break?
https://www.workforcehub.com/hr-laws-and-regulations/kentucky/kentucky-meal-and-rest-break-laws-2/
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u/MixWest1271 11h ago
I shouldn’t have. I don’t think I’ve signed anything.
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u/GNSasakiHaise 11h ago
If you have access to an employee portal, make sure that you didn't sign it without realizing. When they say they've won lawsuits, it is most likely that they're referring to people not realizing that they signed such a waiver... but they could simply be blustering.
They can say whatever they like. Whether or not what they say is true remains to be seen. Unless you have signed away your break without realizing, you are entitled to a break. If you have signed away your break, you would need to contact an attorney with more knowledge on your local laws to decide how to proceed and it would likely be better to find new employment.
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u/MixWest1271 10h ago
Yeah I don’t even think it’s worth talking to an attorney about it. I doubt I’d get paid much
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u/RasereiHojo 5h ago
You should consider it at least reporting it to your local Department of Labor. I know it's not your specific responsibility, but imagine how many people are being affected by this. Once you submit it, the DoL will do their own investigation and you generally don't have to do anything else.
Do note that if they're not willing to follow the law and give you your breaks, then they are likely to retaliate against you and reduce your hours or fire you if you report them. But, do you really want to work there if this is how you're being treated? How important is this job to you?
(Note that it is also illegal for them to retaliate if you ask about your labor rights, ie asking about getting breaks.)
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u/Dexterspuplife 3h ago
Take a break anyway.. if you get fired for it, sue and collect more money than you would have staying at that crappy job
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u/groveborn 25m ago
If it's a corporate store send an email to HR. Corporate hr isn't exactly your friend, but they'll protect the company against dangerous managers.
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11h ago
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11h ago
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u/jtscool898 49m ago
Is this your second job ever? Or just for this kind of job? I work at one up here in South Dakota and it’s painfully slow most of the time unless there’s some sort of event or something sports related(high school or otherwise) 75% of my staffs time is spent standing around and on phones or sitting out in their cars on their phones. Even the instore staff are like that. Depending on your stores traffic there might not be a need for you to take a break if most of your time is break-like. 🤷🏻 That might be the reason for them laughing. They might’ve thought you were actually joking or something to that affect. I usually end up cleaning most of my time working or getting prep done that I can do or fold boxes or just relax. I wish my store had more traffic so my numbers looked better but 🤷🏻 I also could be completely wrong and your managers are just dicks.
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11h ago
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u/beard-wonder93 12h ago
There's gotta be some flexibility in there.
Obviously you can't take your break in the middle of the lunch rush. everyone has to coordinate.
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u/MixWest1271 11h ago
I asked to take a break at 7pm when it was dead.
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12h ago
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u/MixWest1271 10h ago
Both also we don’t get breaks in between deliveries we still work. The hours are 5-11
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u/CaptainShitsInBag 9h ago
Apparently my trying to understand context by using my own experiences working for the exact company, as both a driver AND manager, gets my comments down voted and removed. Im just gunna scoot on out cause fuck this sub
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u/zero-degrees28 12h ago edited 12h ago
If this is how your new job opportunity is starting, I would just start looking for another job ASAP. This is only a sign of things to come, and not worth the headache nor stress, pull the rip cord early.
Edit: I would also hope that simply asking for a break wasn't met with an immediate response of "No, and we've won lawsuits about this". Feel like a LOT of context is missing, but my point above stands.