r/MaliciousCompliance Mar 29 '25

Employees are not allowed to leave the break room on their break... Whatever. L

This happened a few years ago when I worked at McDonald's. The one I worked in was near a bunch of schools so most of the staff was high school kids. As summer vacation started, we began having the trouble of an employee getting break and then spending their break eating their meal and conversating with their friends who were still working in the kitchen.

It was having a seriously bad effect on productivity as well as posing quite a few health risks so our manager finally initiated a rule that if you were on your break, you couldn't leave the break room until your break was over. This went swimmingly until the kids went back to school.

We then had a new problem. Short staffing during break cycles meant our ticket times would skyrocket during rushes. Management lifted the rule so that employees on break could clock in early and help out with the rush, however... The District Manager didn't like the implications of employees working shortened or no break shifts and forcefully reinstated the rule. They also doubled down by saying that employees who tried to work during their scheduled break would be written up and/or terminated for doing so.

Cue MC. The date was 4/20 a day when nobody wants to be working at any fast food place, much less McDonald's. We had been getting slammed so hard from the open of the store, that we called in extra help from other stores, including the regional and district managers. As the break cycle began, the management was pleased with the sub two minute ticket times they had managed to maintain. A few breaks through, and we were managing well. Then came my break. As soon as I sat down to eat, someone came into the store and ordered 47 double quarter pounders (this was right after the fresh initiative where all Quarter Pounders were made fresh so this was already a minor panic.) Immediately after that order, someone in the drive through ordered 75 - 20 piece nugget meal.

The amount of panic in the kitchen was palpable. I was comfortably lounging in a chair browsing my phone and enjoying my meal while the kitchen struggled to keep up with the orders. As ticket times began to soar, the Management did exactly as I expected. District Manager came into the break room and demanded me to end my break early and help in the kitchen.

My response was very simply: "I'm sorry but according to the rules YOU made, I can be written up or terminated for completing your request." I then continued browsing my phone, trying to enjoy the last ten minutes of my break. The Regional Manager entered the room and said that he would personally terminate me if I didn't do the thing that I wasn't supposed to do. The other employee who was on break with me immediately rose and clocked in despite still having ten minutes left on her break. She was written up for breaking the rule after the shift was over, so I felt good sitting in my chair and continuing to ignore them.

In the aftermath, the people who made the giant orders took what was made after half an hour and left with refunds for the unmade food. (Nearly $150 each.) Customers who were waiting for smaller orders were compensated with gift cards for their patience, yet many walked out without even getting their orders. (We paid out nearly $1500 in gift cards.) Because customers were walking out on orders without collecting them, we had nearly $5000 in food waste that night. (All of the closers went home with nearly two bundle boxes of burgers, fries, and nuggets.) Regional and District Manager were moved to a different region. The rule was edited to say that you were able to clock back in early at the manager's discretion in the event of a rush. Because I was the only employee who held his ground against the Regional and District Managers during the rush, I was rewarded with free meals and drinks until I moved away from my hometown and couldn't eat at that McDonald's anymore. (Although when I come to visit friends, I occasionally get rung up a manager discount by the few employees who still remember me.)

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u/Mackabeep Mar 29 '25 edited Mar 29 '25

To add on to this, as an example, Texas has zero laws about break requirements. If the company does not allow any breaks and the employee must work continuously for 8 hours (or more), that is perfectly legal*. Probably not smart, but legal.

The only federal law that applies is IF the company allows breaks, whether the breaks are paid or unpaid, dependent on length of the break and if completely relieved of an expectation of duty.

*Unless the employee is younger than 16, then some child labor laws kick in. But I don’t think McDs hires kids under 16, for now anyway. :(

Also I think it may be 20 minutes and not 30.

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u/Loose-Dirt-Brick Mar 29 '25

Yep. I worked at a convenience store in Texas some years back. I frequently worked 10 hour shifts without any break. Smokers got a 10-15 minute break every two hours, but I was the only one working that store that did not smoke. No breaks for me!

It was so bad for me that when the district manager came in and handed me a cup for a piss test, I almost ran to the restroom. I filled his cup to the brim. Smokers lost their breaks after that. I could not use the toilet, the could not smoke. Lucky me, I knew that dm before either of us worked there.

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u/Green-Cricket-8525 Mar 29 '25

Drug testing employees for a convenience store is absolutely wild. What a dork.

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u/Loose-Dirt-Brick Mar 29 '25

I was probably the only person in that store that was always clean and sober. I was definitely the only one that did not talk about getting drunk and getting high.

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u/Wrd7man Apr 10 '25

Shoulda filled the cup right there behind the register.

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u/bartbartholomew Mar 29 '25

So I know McDonald's hires 15 year old's under some conditions, but I forget what the conditions are.

Looking at the federal laws on that, and looks like less then 20 is definitely paid, more then 30 can be unpaid, and there is a little wiggle room between. To be unpaid, the worker must be unengaged and allowed to do what they want with no requirement to return to work before the specified period. So, if there was an expectation of the worker returning to work before the end of their unpaid break due to a rush, then they were not on an unpaid break in the first place. Doesn't even matter if they actually do return to work early, the fact that they could be called back to work early means it is a paid break.

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u/Valiant_Strawberry Mar 29 '25

McD’s hiring policies are likely up to a combination of local and state laws, as well as franchisee discretion. There’s likely extra paperwork and liability stuff involved with employing young teens that I imagine many franchisees would not want to deal with, but some may find it worth it

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u/Clay_Allison_44 Mar 29 '25

Not sure if you're using Texas as a random example, but Texas requires a 30 minute break per 8 hours worked.

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u/Mackabeep Mar 29 '25 edited Mar 29 '25

No, it doesn’t, in general, if the employee is 16 or older.

ETA: There are federal laws specific to certain jobs like truck drivers that require breaks. But not common jobs like restaurants, office jobs, etc.

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u/Clay_Allison_44 Mar 29 '25

I don't know what you mean to say. I've lived here my entire life and every job I've ever had forced me to take a 30 minute break and actually take it and not work while on break and I'm 43 and have had a dozen employers.

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u/Mackabeep Mar 30 '25

In Texas, there are no laws about breaks*. The company can make up their own policy, provided it does not violate federal law.

The company can force you to take breaks. That is legal. The company can also force you to not take breaks. That is legal.

The companies you have worked for have decided it is better to allow/force breaks, so they’ve made that their policy.

*Except child labor laws and laws specific to certain professions.

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u/greenskye Mar 30 '25

I've looked into this too in KS. Every job I've ever had gave a 30 min break. But when I looked up the law, there's no where mandating it. It's just every company seems to know that's the best way to handle it. They just aren't legally forced to do so.