Legal Question in Employment Law in Kansas

Im a temporary worker at berry plastics in lawrence ks. The handbook states that we get 2 15 minute breaks. However on 3rd shift molding department we only get 2 10 minute breaks.

All othdr shifts in the same deoartment get 15 minute breaks. We have olenty of ppl to cover this. One gy I dont know his name but he got fired for havinga 15 minute break even though handbooks says this is what yiu have. When asked we are told this is what you get. I thought due to federal reg. That they have to comply with what is in the handbook. Also tempary employes do not get paid alk of there hiurs because we are not clocking in or out are lead clocks us in. sometimes we do not get off until 7:20 am but we are only paid until 7. Is there any thing I can do without being fired since I am just a temporary worker.


Asked on 4/05/13, 8:17 am

1 Answer from Attorneys

Anthony Smith LawSmith

The concept of a temporary employee, as opposed to a seasonal employee, is that they actually work for the temp agency. The temp agency is responsible for you being paid for all the time that you work. You should keep track of your time and demand that the temp agency pay you for all the time. I am not sure if you were referring to a Berry Plastics handbook or the Handbook of the Temp agency. The temp agency has to abide by the work rules they advertise. As you are not a Berry Plastics employee, you probably cannot enforce their work rules relative to break times. If your issue has not been resolved, I suggest that you consult directly with an employment lawyer in your area. Many offer a free or low cost initial consultation. Gather the relevant documents and contact one.

Good luck

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Answered on 4/06/13, 12:26 am


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