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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
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Experience:  Worked with employment legal group in major national corp.
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is haveing to ask my boss to use the bathroom a vilotion of any law or ahuman rights

Resolved Question:

I work in an inbound call center for a major wireless carrier. During our daily meeting yesterday it was stated that we would have to ask permission to go on an unscheduled break. The only reason anyone takes an unscheduled break is to use the bathroom.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 6 years ago.

DearCustomer

 

There are not, unfortunately, many laws that establish or require employers to treat employees in certain ways. Discrimination laws (race, ethnicity, religion, age, disability, etc.) prevent employers from treating employees in a certain way due to their race, age, etc., but other than that and a few more (such as overtime, when paychecks must be paid, etc.) private employers (meaning those that are not government owned) are mainly free to establish employment policies.

 

There is no federal law that requires private employers to even offer breaks for food, bathroom, or other needs at all. Some states do have meal/rest break laws. The MN Dept. of Labor & Industry indicates that employers must offer these rest/meal breaks and these are the employee rights. As long as an employer provides the required breaks, they may then put in place work policies to better manage employees and work time. Unless a policy is applied unfairly (only used for some employees) or may violate a person's right under a discrimination law (such as if a person's disability, under the Americans with Disabilities Act) requires them to use a bathroom or go outside more often) those policies will normally be permitted. You can contact the MN Department of Industry & Labor directly as indicated here to learn if any state cases or other regulations may have, however, established that employers cannot require employees to ask for permission to use the bathroom.

Customer: replied 6 years ago.
what about the UN decleration of Human rights in regards XXXXX XXXXX manner.
Expert:  Jane T (LLC) replied 6 years ago.

DearCustomer

 

Declarations by the UN are not necessarily "law" in the United States (see here). Also, the UN Declaration while adopted by the U.S. does not requries specific actions or laws, it only requires nations to work toward observing human rights. It is not a law that puts requirements in place for U.S. or state laws.

Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience: Worked with employment legal group in major national corp.
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Jane T (LLC)
Jane T (LLC)
Employment Lawyer
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Worked with employment legal group in major national corp.