What should i do? Can a restaurant get in trouble for pressuring employees to stay later than their shift ?

Question

I would appreciate some feedback as I am going crazy. I don't know what to do, law experts, restauraunt employees , human resource workers etc, please help!

I just started a new job as a hostess at a restaurant. it dosnt get crazy busy but it does fri and sat and usually at nights. Everything was fine till i noticed some pet peeves that later grew into huge things to me and have me going emotional right now. Here they are .

1) Whenever i am off , say 330 I let the managers know i am off that time at about 3:15 (i remind them) because it takes 15 min to count my bank and have them count it (i do to-go orders). If i count it at 3:15 i will be off at 330. Several times now I have reminded them and they basically just ignore me until i literally tell them i AM OFF NOW. Like right now (3:30) then we go count it and i don't get to leave till about nearly 4pm. Yes i am getting paid but that is not the pt, the pt is that I was suposed to be off a certain time... why do i need to stay later

Answer 1

The real thing you should know is that there are plenty of people out there willing to do it if you don't want to and your employer knows that.

Unless you are a minor still in school there's not much that can happen to them so long as they pay you for the time.

Answer 2

I work as a cook.  I work upwards of 10 hours a day and maybe sit for 5-10 minutes of the whole day.  The restaurant business is a long hard work day.  If you want scheduled breaks etc.  you'll have to shift to a desk job.  I will guarantee you that as long as you are getting paid they will expect you to be working.  Your "point" of break time or when you are exactly going to have your break will never ever be respected.  NOone works like that in the industry.  I mean say at 3:30 a party of 35 comes in. Are you just going to say, Ah, sorry.  I'm on break..The managers are always running around.  They are super busy, and don't have the time to babysit you.

The best you can do is literally tell them, I am off NOW and tell them that at 3:15.  See?  And the longer you work there, the more used to it they get.  Since they don't work the clockwork like you wish, you will find you can work it in your favor too.  I'd be willing tobet they would be more relaxed about when you actually take your breaks, as long as they have the right people in place when they need them.  As the other folks.  They'll tell you the same.  

Ease up a bit, and you'll fit in better.  It's the comraderie of the craze that's fun!

Answer 3

Wow. I am so not reading all of that. But I will tell you this. They can't really get in trouble. However, they can't make you stay later than your scheduled shift. And if you get fired for leaving at the appropriate time then you should sue.

Answer 4

No that is not at all correct of the manager.. he can expect you to stay longer on occasion.. if there are still customers and nobody is taking over from you you got to wait until your release shift comes..  if you have a certain closing time.. then lock the door after the last customer.. that should read ''sorry we're closed.. If you are responsible for counting the money in the till etc.. then you have to do that.. but if you are done with that.. you go home.. you are not supposed to stay 15 minutes extra every night or day.. that adds up to a lot of time if it happens every day 15 minutes extra you work ....if there is something important still to do the manager has a right to keep you there until you finished that if there is nothing left then you got a right to go.... Ask him why you are supposed to stay 15 minutes  extra if the work is done..  and the shop is empty.. ? Normal people who work in supermarkets they clock in and out.. they don't even have to tell their manager when they go home.. someone else will come on shift if they work part time.. or they stay until closing time and they have to ensure that everything is ok with the till and the money.. then they leave and clock out... and leave and no manager will say anything as long as they clock in on time every day and don't clock out earlier than they are supposed to...They can't get in trouble because you are getting paid for staying longer so they are not really just using you..  if they did not pay you for the overtime.  then that would be illegal.. as it is.. you have to be firm and be polite but learn to be assertive and when everything is done.. you smile and tell them you are off and if they want to keep you longer.. you tell them all the work is done and it's past your time.. and the shop is empty...Everyone has to work overtime sometimes if there is a special need for it.. and the manager then has the right to ask for that.. but not on a daily basis.. you ask him where in the contract it says that..

Answer 5

First of all, here's the bad news you don't want to hear:

In a restaurant, your scheduled shift does not typically include the time needed to count and close your drawer.  Waiters and waitresses have "side work" that they have to do, and that is also usually done after the scheduled end of their shift.  There is nothing illegal about this.  

As for your breaks.  Ten minutes every 3 hours would come out to a total of 20 minutes in an 8-hour shift.  When you clock in, work exactly 8 hours, and clock out, do you get paid for 8 hours or do you get paid for 7 hours and 40 minutes, even if you never got a break?  If the restaurant automatically deducts the break time out of your hours so that you aren't paid for the breaks, then they have to let you take the breaks.  If they DON'T deduct the time automatically, but only deduct it when you actually punch out for a break, then they're actually not required to schedule a break for you.  Especially in a business like a restaurant, where work flow is never the same from one day to another.  

How do you deal with this?  If you want to keep the job, you deal with it as if you were walking on eggs.  The managers don't work 8 hours and walk out the door - they work a lot of hours over what they're scheduled for.  They're not going to have a lot of patience for someone who wants to walk out the door at 3:30 on the dot, regardless of what else is going on around them.  

Reminding your manager that it's time for you to close and count your cash drawer is EXCELLENT.  But he isn't always going to be able to drop everything else right at the exact minute you want him to check you out.  This is where you have to be aware of what else is happening that might keep him tied up for a few minutes, and be patient about it.

Here's the next step you take with your managers.  Ask for a meeting with the manager who most often works your shift AND the general manager of the restaurant.  Ask *them* to tell you what else you can do to get out on time.  Ask *them* what additional tasks you can do to help the manager on duty get free when you need him.  If you're willing to shoulder additional responsibility, they're going to be more willing to pay attention to your concerns.

If you can't work it out with your managers, or if you aren't willing to accept the realities of restaurant shift work, you'll need to find a different job.  You may not be cut out for the restaurant business.  I'm not - hate waitressing passionately and can tolerate hostessing for a limited amount of time ... say, about 3 months.  But I have a cousin who started as a waiter in a national chain and 20 years later was CEO of the corporation, and he LOVES working in restaurants even more than he liked being in the exec offices.  

Bottom line - talk to your bosses when you're unhappy.  See if you have misunderstood what is expected of you.  And remember, being a team player and going the extra mile cheerfully will get you more respect than if you go in complaining.