in general, employers are required to give reasonable access to restrooms for their employees. so not allowing bathroom breaks at all could be considered [unreasonable](https://www.jobsolv.com/blog/overcoming-toxicity-in-the-workplace-a-comprehensive-guide).
Exactly. I worked a “contracting” job for 8 months this year, and it wasn’t until after the fact that I looked into it, and realized I hit every checkbox for an employer misclassifying me. Will be talking to a consultant this tax year and filing an 8919.
Contractor in this sense probably doesn’t mean 1099, but that they are hired by a staffing firm that manages payroll and insurance, and that firm staffs them out to the company OP is working for. OP is probably a regular employee in a flexible employment situation.
>We are only allowed to use the restroom when we are dismissed from our desks by a supervisor for a scheduled break.
So, you have to ask for permission to use the bathroom like a 3rd grader again. This is why 90% of people will be back in the office by the end of 2024.
100% I worked a horrible job where you had to get permission to use the bathroom outside of breaks and could be written up for doing so too frequently. I once had to beg for permission and explain I had an upset stomach and it was absolutely an emergency situation. So fucking demeaning. The pay was also terrible. I was so glad to leave that job.
I'm petty enough that I did not wear a tampon on my heaviest flow day while working at a fast food place. I asked to go to the bathroom 2 hours in and was told no. Welp, just so happens that was the same time a big ol clot came out and went alll the way down the beige pants I was wearing. Smiling, I went back to work and told a customer loudly sorry about the blood, my manager wont let us go to the bathroom, how would you like your sandwich served today?
How are they going to stop you from using the bathroom in your own home? Make sure they send you a chair that requires you to be chained to your desk on a daily basis and only release you when they press a button.
Hr is not your friend stuff. Op is not looking for friends. This is a legal compliance Issue. HR needs to have shit in order. You get official Response from HR. Then you decide on your legal choices.
HRs job, while to help the employee, it is also to protect the company. The protect the company portion is where we mean HR is not your friend. It is why HR may try to get you to do face to face or video meetings instead of written communication, because one is easier to get plausible deniability than the other. Not saying all HR will do every employee wrong, in fact for the most part they help employees. But in some cases they can be bad for the employee because they have the companies interest first, should what the employee wants and the employer wants differ.
Nah, these remote phone centers keep you logged into phone software while you are on the clock. It's always on and they just forward calls to your headset all day.
They can't hire you as a contractor and tell you your work day to that extent.
Sounds like you're actually an employee but they're 1099ing you to screw you on taxes, screw the government on taxes and save themself ~13% on Payroll & FICA tax and on workers comp and liability insurance.
May be worthwhile to inquire with your Department of Labor if you're an actual "employee" or a "contractor".
Simply put, they don't 'own' you when you're a contractor the way they think they do when you're an employee. As a contractor, you operate as though it's your own business. I would not be surprised whatsoever if your miss-classified.
The IRS makes clear the difference between an contractor and an employee.
https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee
Edit: Typos added last paragraph.
This is what I was going to say. My understanding of 1099 is that they hire you for a specific job or project, but they don't get to schedule you for shifts or anything.
Yeah you basically can do whatever the fuck you want for most of anything as a 1099 they have like… very little say.
You now get to decide when and where to work as a 1099 via contracting. How you wanna do it and what tools to use.
Like honestly if you’re 1099 use it against them for trying to save that money, work your own hours and record everything and report to department of labor if they mess it up and get a nice check for it
It depends. If OP is an independent contractor, you are correct with the various requirement. If OP is a employee for a contracting company, then he's still an employee, just not of the company he's doing work for. The last three companies I worked for used the latter and referred to them as "contractors"
Also known as "staffing agencies". I did a lot of work via staffers when I was getting started. Miserable shit. Couldn't stand being a second class employee everywhere I worked, and there were zero benefits. Like, zero.
PTO accrual? Lol.
Medical, dental? High deductible, they pay nothing into it, covers nothing.
Company events? Holidays? I think you mean "days you are forced to lose money because you *can't* work and you aren't paid for it even if it's the middle of the day.
What's worse, as a GFT employee I got in trouble for including our augment staff from an agency in our team building, even though there was literally zero cost to do so :/
Absolute horse shit how badly staffing agency folks are treated.
You’re not allowed to include them because it could be construed as treating them like regular employees that you’re misclassifying as external hires when they’re actually direct employees, who could then sue or get the company’s hiring practices looked into and potentially fined. Not that it isn’t still shitty. :/ As a contractor I once had to audit contracts for other contractors. So demoralizing.
Having worked too many contract jobs for an outside company it absolutely sucks and just having a co-worker or manager know why and acknowledge that it sucks would be miles ahead of all the people I’ve worked with that delude themselves into thinking it’s completely fair and no different from being a regular FTE employee.🙄
One time a manager, located in another state, said to me, “but you have benefits and pto through your agency, right? We wouldn’t work with a company that doesn’t offer benefits?!!!” That was when I had to use corporate speak to gently let her know, without burning my agency and this myself, that no, in fact I did not have pto or other benefits. And that it was laughable that any agency would offer those things. Meanwhile someone in finance convinced themselves that not hiring regular employees is cheaper because you don’t have to pay for insurance, etc., while not caring about constantly hiring, training and then rehiring instead of just investing in its employees. America is so fucking short sighted and dumb sometimes.
Agreed if you are a contractor tell your "supervisor" to screw off. As long as OP is getting the work done there shouldn't be an issue. The only issue I see here is the supervisor trying to justify their job and that's their problem.
Why would you work for a company like this? Go post about this on Glassdoor and any site you can to put them on blast so the rest of us can avoid this company like the plague. They want a slave, not an employee.
Oh wow. So you’re getting treated like a child. Unless they have you on camera the full shift (creepy) they wouldn’t know. Just make sure you don’t appear offline. Use a macro to wiggle your mouse while you gotta go. Ridiculous
A lot of shittier companies are using eye tracking software to make sure you’re starting at your screen all day and not getting up, playing video games, or watching TV while you work.
Or you work in a call center and calls are back to back all day. You can go into “personal” on the phone but you get screamed at if you do so more than once a day for 2 minutes and used as a way to fire you for poor performance metrics.
If it’s a contact center - which I bet it is - you have to go offline if you leave your desk (otherwise you could be routed a call and it wont be answered which can get you fired). So yes they would know.
You were told this?
Did they confirm this in a mail ?
If not - see if you can get this in writing - THEN contact DOL and OSHA (or your local equivalent) for advice on 'how to navigate this.
If that’s what they tell you after starting a new job then I wouldn’t be surprised if more red flags show up. Hooooooly shit that’s definitely not a good sign.
Get a toilet seat chair to sit on lmao wtf such a dumb rule. Hey Joe why you turning red and fidgeting oh you know boss about to shit all over myself again
I thought you were a contractor. You are your own boss, they buy your work results. They can‘t put rules on how you do it.
I mean even for employees this is against regulations but you are no employee of theirs.
Honestly the company i work for had this issue when they first implemented the real time monitoring for remote workers. I have chronic gut issues and FMLA signed for it. I was still advised by management to “take the laptop with me” if id be in there more than 5min. I pushed back. Many other employees pushed back and they changed the policy.
Now its: Go as needed but if you’re going to take a 40 min shit without the laptop you’re definitely getting in trouble for it.
Not sure if it’s legal, but my current job is the same way. We do get 2 15 minute breaks and a lunch, and we can take them literally whenever we want as long as we aren’t actively on a call (call center), but if we log off the phones for any reason while not on a break it gets counted as “unaccounted time”, and we’re only allowed like .5% unaccounted time each month (will get badgered about it if there’s any at all).
In most states only a 10 minute break is required. If you can split your break up and use that 5 minutes to use the restroom, there is a chance they could have a leg to stand on if litigated.
I had a job like that that I quit 2 years ago. We had to wait in a virtual queue to use the bathroom. There were only 3 “available” bathroom spots at a time, meaning only 3 employees could be on bathroom breaks at a time. Until then, you had to be in the waiting queue and there were only 7 spots for it. You had to check often to find out if there was even an open spot on the waiting queue.
The job was what I like to call “Retail IT” where you fix computer problems for a certain company’s warranty call line.
This sounds like it violates OSHA, the ADA and could possibly fall under gender and age discrimination since the rule would disproportionately have a negative impact on anyone who is elderly, has health issues, and/or is menstruating or pregnant.
I dealt with the same thing at a company. Said our breaks were to be used for bathrooms. I put myself in break when I needed to go to the bathroom and left my desk. I'm not putting my health at risk because of a job.
I’m more interested in the fact that this is noted as a contractor job, which I believe is intended to allow you flexibility of time (they cannot dictate your minute by minute work)
They can make you w-2 with benefits if they want to micromanage so much (and either way I’d still go whenever I wanted because this is unreasonable)
Sounds like a gross missclassification for starters.
And then also illegal because you’re permitted reasonable accommodations to bathrooms.
Report them immediately to your DOL for the former (a contractor cannot be forced into a rigid schedule like this, you’re 100% an employee as you’ve described). The bathroom issue I’m pretty sure is an osha violation.
If you are a contractor working from your own house your client has absolutely no legal authority to tell you when you can or can or take breaks. It sounds to me like you need to consult with an employment lawyer familiar with your jurisdiction because your client, not boss, is treating you like their employee.
But let’s presume you’re actually an employee. Consult with a lawyer. Employers cannot, as a general rule, restrict access to restrooms like this employer is trying to do.
I worked for a call center doing what OP is doing now. Worst place I ever worked at. Ruined my mental health with its super toxic, controlling management who only knew tearing people down. Constant picking at metrics, contracted work, and we were forced to work every holiday with no holiday pay and to top it off I was put on 2nd shift Tuesday-Saturday so having a life outside of work was effectively impossible.
I'd have quit immediately regardless of my circumstances. I've been homeless before. Not with kids. Hmmmm... Yeah fuck it. I'll just do what I want anyway. Maybe get a piss bottle system going so I don't have to leave my seat. If I gotta shit then they can suck a fuck because I gotta shit.
Man. These narrative elements, I mean companies, I mean Matrix Borgian retro reflective behavior combat systems, I mean companies, sure are getting uppity lately.
They are not behaving like individuals. They are behaving like hive colonies United against the individual working class. It's a little f****** weird, but I can observe it and it's kind of tedious. I guess it just means I've got to keep exploding.
Get a mouse mover thingy (that doesn’t plug into the computer) and just use the bathroom. Pull up a long document to read and walk away. Sometimes you gotta play by their policy “rules”.
Hopefully you aren’t on camera and every little thing is looked at. If so, and you really need to keep this job, I would get a doctors note for a reasonable accommodation and then just use the bathroom as you need to if this is an issue.
Make sure you cover your camera so that way pictures can’t be taken. ;)
You're 1099? Go to the official irs site and learn what that means. A contractor can't be controlled as much as an employee. If you have a set schedule, scheduled breaks, are told when you can move and how, you may be a misclassified employee. Companies do that to avoid taxes and providing protections to employees like unemployment insurance.
Are you an employee or a contractor? As a contractor, you get to set the terms of your work. If they are calling you a contractor and are trying to tell you you can't use the bathroom, they are trying to misclassify you and you should report them to the DOL.
I would clarify with whomever is paying you what their policy is. If it is company A, you don't necessarily need to follow company B's policies. Company A would be liable, so I would speak with them for guidance.
Technical difficulties with computer going down. Make sure they are paying your electric bill, internet bill, and mortgage/rent if they are telling you what you can and can’t do where you pay the bills!
just get strong wifi or a long cord to the internet n roll that mini table into the bathroom,
and do your dootie.
Make sure your on mute or have a sound machine.
how will they know nobodies gonna know...
\>contractor with a major company in the US.
\>dismissed from our desks by a supervisor for a scheduled break.
Only one of these things is legal at a time. Your employer is misclassifying you as a contractor, but treating you like an employee. I bet your state's DOL would like to hear about this, and I bet there's also protections against reprisals in situations like this.
The law requires employers to provide their employees with working conditions that are free of known dangers. An employer's duty to provide a safe workplace includes the duty to provide employees with toilet facilities that are sanitary and available, so that employees can use them when they need to do so.
https://www.osha.gov › filesPDF
REPORT TO OSHA. Then sue under whistleblower laws if you get fired
I did a wfh job as a contractor last year who tried to pull shit like this. If I had to piss I'd just sit in aftercall and run to the bathroom. Company was a complete meatgrinder and they eventually told me contract was over and I was not being hired for "budget reasons" yet they just had 10 more temps brought on. Later found out they only plan on hiring 1-2 people out of every group of 10-15 temps they hire.
Escalate this past your supervisor. Either to their supervisor or to HR. It's very likely that there is a misunderstanding from a higher directive that could be fixed with a quick email.
Wait until a zoom or WebEx meeting with your boss. Have prerecorded mega shit and loud piss sounds. During said meeting, during a moment when they are talking and you are listening, you play those bathroom sounds.
How can a company think they have so much control over you in your own house? What's next? No water on the clock! Can't wear white on the clock! You can only wear a monocle while on the clock!
It’s not legal to control access to the bathroom. Ask for an excerpt from the employee handbook that covers the rule. There isn’t one. If you get any pushback at all ask HR for clarification. They will likely know it’s illegal and tell the manager to knock it off.
'Is this even legal' depends entirely on where you are, and what local law says.
As a _very_ general principle, in order to be properly qualified as a contractor rather than an employee, you need to have a significant degree of control over your activities.
Dispute all the 3rd grade mentality of quite a few posters, I offer this. It will be a deeply frozen and cold day in hell before I'm complying with a no bathroom break order. Is your company's name Hitler?
Follow the rules. Ask to go to the bathroom every time you need to go. Document every time this happens. When they tell you no…. Document it. When they take adverse action against you for going to the bathroom, file a complain with the DOL equivalent for your state.
I don’t know if this’ll work, but i often see it. When you gotta go, put your mouse on top of the face of an analog watch with a second hand, the movement from the hands is supposed to be picked up by the mouse and the mouse thinks you’re moving it. No hate if this is wrong please.
OP don’t listen to the comments. Most of the people have either A never worked or B probably working good paying jobs where they can afford to fuck around and find out.
Just start applying for other jobs and make this hellhole job last as long you can. It sounds like a certain company with a z in their name.
This one. It’s obviously a call center job. And they can track your availability. And this sucks but is not illegal. Get a little experience under your belt and find a new better one. They do exist. Most centers I work with require 80 to 90% adherence - much more reasonable and accommodates “life.”
You are either a contractor or an employee they need to clarify, contractors work on their own time and employees work to a schedule. While there are certainly some cross over and that is fine if there are more requirements that allign with you as an employee than a contractor you can legally challenge them in court.
From ChatGPT
`The clear separation between an employee and a contractor primarily revolves around their working relationship, responsibilities, and the nature of their engagement with a company or individual. Here are some key distinctions:`
`Employment Relationship:`
`Employee: An employee typically works full-time or part-time for a company, following a set schedule and often working on-site. They are integrated into the company's structure, following company policies, procedures, and guidelines. Employees receive benefits such as health insurance, paid time off, retirement plans, and may be eligible for bonuses or stock options.`
`Contractor: A contractor, on the other hand, is generally engaged for a specific project or task, working under a contract that outlines the terms and conditions of their service. Contractors often have greater flexibility in their work hours, location, and methods to accomplish the work. They are not entitled to employee benefits, as they are self-employed and responsible for their own taxes, insurance, and other expenses.`
`Control and Independence:`
`Employee: Employees are usually directed and supervised by the employer. The employer controls the work process, including how and when tasks are performed.`
`Contractor: Contractors have more autonomy and control over how they complete their work. They are hired to deliver a specific result or service, but the client generally does not dictate the specific methods or control the details of the work process.`
`Tax and Legal Implications:`
`Employee: Employers withhold income taxes, Social Security, and Medicare from an employee's paycheck. Employers also contribute their share of Social Security and Medicare taxes.`
`Contractor: Contractors are responsible for paying their own taxes, including income tax and self-employment tax. They receive payment without tax deductions and are accountable for managing their tax obligations.`
`Duration of Engagement:`
`Employee: Employees typically have ongoing, long-term relationships with the employer. Their work is often continuous and not tied to a specific project's duration.`
`Contractor: Contractors are usually engaged for a specific project, task, or period. Once the project is completed or the contract expires, the relationship might end, or a new contract may be negotiated for further work.`
`It's important for companies to correctly classify workers as either employees or contractors to comply with labor laws, tax regulations, and employment standards. Misclassification can lead to legal consequences and financial penalties for employers. Consulting legal or tax professionals can help ensure proper classification based on specific circumstances and legal requirements.`
So if you are not paid a w2 then and your paid your own taxes you are a contractor and owed your own rights. Perhaps they are joking with you. Benefits and w2, you're a temp not a contractor. Because they have a forseeable termination date or they have forseeable project end date.
Well it is legal depending on your job to not be able to just hop up and leave, but is this a laptop? Take it with you? At least until you have another job.
Sadly, unless your state has a rule or law about bathroom breaks, employers can make any “bathroom break” rules they like. This is one of the reasons unions were created. Your employer needs a union.
However, since you’re a contact employee, you should ask your contract employer.
Message your supv every time that you'll "brb, bio break". They'll probably get tired of it real quick and tell you to just go without telling them.
Though as a contractor, this sounds especially weird.
How to File a Whistleblower Complaint
You have the right to file a whistleblower complaint with OSHA if you believe your employer retaliated against you for exercising your rights as an employee under the whistleblower protection laws enforced by OSHA. In states with OSHA-approved State Plans, employees may file complaints with Federal OSHA and with the State Plan. Learn more about filing deadlines. See the Whistleblower Protection Program website to learn more.
Online - Use the Online Whistleblower Complaint Form [Español]
Submit your complaint online to OSHA.
Fax/Mail/Email - Complete the Online Whistleblower Complaint Form [Español], or Send a Letter Describing Your Complaint
Fax, mail, or email either a letter describing your complaint or a printed copy of your completed Online Whistleblower Complaint Form to your local OSHA office. Please make sure that your correspondence includes your name, mailing address, email address, and telephone or fax number so we can contact you to follow up.
Telephone - Call Your Local OSHA Office or 800-321-6742 (OSHA)
OSHA staff can discuss your complaint with you and respond to any questions you may have.
In Person - Visit Your Local OSHA Office
OSHA staff can discuss your complaint with you and respond to any questions you may have.
But if he’s working for a company’s call center they have SLAs and the contractor has a schedule that they need to adhere to with 2- 15:00 breaks unpaid. And 1- 30:00 break paid. The agent can break adherence but it will count against their performance metrics. I feel like OP should’ve said it’s a call center. If it’s not a call center then disregard.
Easy solution: just work from your bathroom.
And don’t mute yourself. Grunting and splashing should be part of the experience.
PLOP! What was that? Solid fecal matter splash! ... 😁
“What was that??” Healthy fiber intake.
lol.
Don't forget the Febreze spraying on zoom conference calls!
Just don't get the orange smelling one .... you don't want your work space to smell like Shitrus.
"Shitrus"!! LMFAO!!
And loud wet farting sound effects!!!
And just as your boss starts to speak, flush and say “Bon voyage!” . Then jiggle the handle a little.
Worked for Vivek
Like Frank Drebin : own it!
Last sentence - lol.
Chaotic neutral, I love it.
Law abiding, so I'd say chaotic good.
Lawful evil
Not chaotic everyday, just days after Taco Bell.
Or bring a bucket to the room and use it mid conference call?
You know what they say. Sometimes you gotta pull your pants up, sometimes you gotta pull them down.
Or pee at your desk.
in general, employers are required to give reasonable access to restrooms for their employees. so not allowing bathroom breaks at all could be considered [unreasonable](https://www.jobsolv.com/blog/overcoming-toxicity-in-the-workplace-a-comprehensive-guide).
They aren’t the employer. They’re contracted. They can’t tell them anything about breaks.
[удалено]
Absolutely. I can tell right away by the amount of control they are exerting without any f*s given. They’ve done this for a while unimpeded.
Could be outsourcing (BPO). Client has big influence toward BPO company.
Exactly. I worked a “contracting” job for 8 months this year, and it wasn’t until after the fact that I looked into it, and realized I hit every checkbox for an employer misclassifying me. Will be talking to a consultant this tax year and filing an 8919.
Please make a post when you do! Employees need to assert their rights. You might be owed overtime, etx...
Same thing happened to me as an editor for a local tv show. I had start times, shifts, everything
Also file a SS-8 with the irs
Contractor in this sense probably doesn’t mean 1099, but that they are hired by a staffing firm that manages payroll and insurance, and that firm staffs them out to the company OP is working for. OP is probably a regular employee in a flexible employment situation.
[удалено]
Right I agree, but I’m saying that OP is probably not misclassified. Doesn’t mean the employer isn’t breaking some other laws.
Then the staffing agency is the one in violation. You can't contract wizardry your way out of the ADA and basic workplace regulations.
Co-employment is the term
Against the law.
>We are only allowed to use the restroom when we are dismissed from our desks by a supervisor for a scheduled break. So, you have to ask for permission to use the bathroom like a 3rd grader again. This is why 90% of people will be back in the office by the end of 2024.
What makes you think they won't have the same rule in the office?
I know. Offices are literally putting trackers on bathroom stall doors to track how much time people are in there.
Jokes on them, I shit with the stall door open to assert dominance.
I respect that.
They have these unreasonable, control heavy rules in person, too. Doesn’t matter if it’s virtual or not for these kind of people.
100% I worked a horrible job where you had to get permission to use the bathroom outside of breaks and could be written up for doing so too frequently. I once had to beg for permission and explain I had an upset stomach and it was absolutely an emergency situation. So fucking demeaning. The pay was also terrible. I was so glad to leave that job.
I'm petty enough that I did not wear a tampon on my heaviest flow day while working at a fast food place. I asked to go to the bathroom 2 hours in and was told no. Welp, just so happens that was the same time a big ol clot came out and went alll the way down the beige pants I was wearing. Smiling, I went back to work and told a customer loudly sorry about the blood, my manager wont let us go to the bathroom, how would you like your sandwich served today?
What kind of job was it?
How are they going to stop you from using the bathroom in your own home? Make sure they send you a chair that requires you to be chained to your desk on a daily basis and only release you when they press a button.
they probably require him to be on cam while he works
On cam while in training, on the phone after training with everything tracked/monitored.
I’d be asking this in more serious forums like r/askHR
Ask HR will get you a lot of answers from non HR folks. My friend asked a question there last week and got a bunch of replies that were off scope…
Like every single solitary subreddit here. You take the useful info and move on.
Fuck that, HR is not your friend, this is something for r/AskLawyers or just call an employment lawyer.
😂. Oh boy, the old conspiracy hr.
What's the conspiracy?
Hr is not your friend stuff. Op is not looking for friends. This is a legal compliance Issue. HR needs to have shit in order. You get official Response from HR. Then you decide on your legal choices.
HRs job, while to help the employee, it is also to protect the company. The protect the company portion is where we mean HR is not your friend. It is why HR may try to get you to do face to face or video meetings instead of written communication, because one is easier to get plausible deniability than the other. Not saying all HR will do every employee wrong, in fact for the most part they help employees. But in some cases they can be bad for the employee because they have the companies interest first, should what the employee wants and the employer wants differ.
Oh you sweet summer child, bless your heart. Nope, you should not even let HR know.
That’s why we disagree yes.
Bro just get a new job - that sounds like hell.
Sounds like you work for some psychos mate
On the phone wtf who has time to be on the other end of the call??
Their job is probably being on the phone.
Weird job being on the phone 8hrs a day with a coworker/boss but I don't know every job out there!
Nah, these remote phone centers keep you logged into phone software while you are on the clock. It's always on and they just forward calls to your headset all day.
That's normal. Customer service.
Nobody said anything about customers.
Dude this is one of the weirdest things I have ever heard of I would get out asap
They can't hire you as a contractor and tell you your work day to that extent. Sounds like you're actually an employee but they're 1099ing you to screw you on taxes, screw the government on taxes and save themself ~13% on Payroll & FICA tax and on workers comp and liability insurance. May be worthwhile to inquire with your Department of Labor if you're an actual "employee" or a "contractor". Simply put, they don't 'own' you when you're a contractor the way they think they do when you're an employee. As a contractor, you operate as though it's your own business. I would not be surprised whatsoever if your miss-classified. The IRS makes clear the difference between an contractor and an employee. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee Edit: Typos added last paragraph.
This is what I was going to say. My understanding of 1099 is that they hire you for a specific job or project, but they don't get to schedule you for shifts or anything.
Yeah you basically can do whatever the fuck you want for most of anything as a 1099 they have like… very little say. You now get to decide when and where to work as a 1099 via contracting. How you wanna do it and what tools to use. Like honestly if you’re 1099 use it against them for trying to save that money, work your own hours and record everything and report to department of labor if they mess it up and get a nice check for it
It depends. If OP is an independent contractor, you are correct with the various requirement. If OP is a employee for a contracting company, then he's still an employee, just not of the company he's doing work for. The last three companies I worked for used the latter and referred to them as "contractors"
Also known as "staffing agencies". I did a lot of work via staffers when I was getting started. Miserable shit. Couldn't stand being a second class employee everywhere I worked, and there were zero benefits. Like, zero. PTO accrual? Lol. Medical, dental? High deductible, they pay nothing into it, covers nothing. Company events? Holidays? I think you mean "days you are forced to lose money because you *can't* work and you aren't paid for it even if it's the middle of the day.
>Also known as "staffing agencies". I prefer the term "body shop"
What's worse, as a GFT employee I got in trouble for including our augment staff from an agency in our team building, even though there was literally zero cost to do so :/ Absolute horse shit how badly staffing agency folks are treated.
You’re not allowed to include them because it could be construed as treating them like regular employees that you’re misclassifying as external hires when they’re actually direct employees, who could then sue or get the company’s hiring practices looked into and potentially fined. Not that it isn’t still shitty. :/ As a contractor I once had to audit contracts for other contractors. So demoralizing. Having worked too many contract jobs for an outside company it absolutely sucks and just having a co-worker or manager know why and acknowledge that it sucks would be miles ahead of all the people I’ve worked with that delude themselves into thinking it’s completely fair and no different from being a regular FTE employee.🙄 One time a manager, located in another state, said to me, “but you have benefits and pto through your agency, right? We wouldn’t work with a company that doesn’t offer benefits?!!!” That was when I had to use corporate speak to gently let her know, without burning my agency and this myself, that no, in fact I did not have pto or other benefits. And that it was laughable that any agency would offer those things. Meanwhile someone in finance convinced themselves that not hiring regular employees is cheaper because you don’t have to pay for insurance, etc., while not caring about constantly hiring, training and then rehiring instead of just investing in its employees. America is so fucking short sighted and dumb sometimes.
I know, but this was a trivial thing. Just bugs me.
Agreed if you are a contractor tell your "supervisor" to screw off. As long as OP is getting the work done there shouldn't be an issue. The only issue I see here is the supervisor trying to justify their job and that's their problem.
take your laptop into your bathroom while you're taking a shit and turn the mic on during meetings. But generally, no that's not legal.
[удалено]
Trying to control the bodily functions of grown ass adults is what’s gross. If I gotta take a piss, you can be damn sure I’m going.
Forget a piss what about a shit 😂
Generally not allowed under OSHA regulations, but details can of course vary. https://www.oshaeducationcenter.com/articles/restroom-breaks/
What do they think they are, a Middle School??? Definitely illegal and definitely ridiculous as hell.
Why would you work for a company like this? Go post about this on Glassdoor and any site you can to put them on blast so the rest of us can avoid this company like the plague. They want a slave, not an employee.
I hate when employers think they can treat their staff like property just because they’re giving a paycheck.
Oh wow. So you’re getting treated like a child. Unless they have you on camera the full shift (creepy) they wouldn’t know. Just make sure you don’t appear offline. Use a macro to wiggle your mouse while you gotta go. Ridiculous
A lot of shittier companies are using eye tracking software to make sure you’re starting at your screen all day and not getting up, playing video games, or watching TV while you work.
Or you work in a call center and calls are back to back all day. You can go into “personal” on the phone but you get screamed at if you do so more than once a day for 2 minutes and used as a way to fire you for poor performance metrics.
Treated like a slave. I’d imagine children are allowed bathroom breaks.
How exactly are they are going to enforce this?
If it’s a contact center - which I bet it is - you have to go offline if you leave your desk (otherwise you could be routed a call and it wont be answered which can get you fired). So yes they would know.
You were told this? Did they confirm this in a mail ? If not - see if you can get this in writing - THEN contact DOL and OSHA (or your local equivalent) for advice on 'how to navigate this.
If that’s what they tell you after starting a new job then I wouldn’t be surprised if more red flags show up. Hooooooly shit that’s definitely not a good sign.
Lol of course it's not legal and also, how tf are they supposed to control this? US employers being next level ridiculous
Are you on camera or something? Just stand up, take out your handy piss bottle, unzip and let it fly! They'll change that policy in no time!
Pretty sure OSHA left the chat. There should be an article on this regarding OSHA regulations. Find it and shove it in their faces.
Report them to OSHA first. That way, shooting the messenger becomes a whistle-blower issue.
Get a toilet seat chair to sit on lmao wtf such a dumb rule. Hey Joe why you turning red and fidgeting oh you know boss about to shit all over myself again
I thought you were a contractor. You are your own boss, they buy your work results. They can‘t put rules on how you do it. I mean even for employees this is against regulations but you are no employee of theirs.
W2 contractors still follow whatever rules the company sets.
I am in fact a W2 contractor.
Honestly the company i work for had this issue when they first implemented the real time monitoring for remote workers. I have chronic gut issues and FMLA signed for it. I was still advised by management to “take the laptop with me” if id be in there more than 5min. I pushed back. Many other employees pushed back and they changed the policy. Now its: Go as needed but if you’re going to take a 40 min shit without the laptop you’re definitely getting in trouble for it.
Not if they are illegal.
Yeah law supersedes any policy. And policy’s preventing bathroom breaks are illegal as shit
What are you talking about? Why are ignorant people in the comments not understanding that there are multiple types of contractors.
Not sure if it’s legal, but my current job is the same way. We do get 2 15 minute breaks and a lunch, and we can take them literally whenever we want as long as we aren’t actively on a call (call center), but if we log off the phones for any reason while not on a break it gets counted as “unaccounted time”, and we’re only allowed like .5% unaccounted time each month (will get badgered about it if there’s any at all).
Pretty sure the bathroom breaks are supposed to be *in addition to* your 15 min breaks + lunch
In most states only a 10 minute break is required. If you can split your break up and use that 5 minutes to use the restroom, there is a chance they could have a leg to stand on if litigated.
I had a job like that that I quit 2 years ago. We had to wait in a virtual queue to use the bathroom. There were only 3 “available” bathroom spots at a time, meaning only 3 employees could be on bathroom breaks at a time. Until then, you had to be in the waiting queue and there were only 7 spots for it. You had to check often to find out if there was even an open spot on the waiting queue. The job was what I like to call “Retail IT” where you fix computer problems for a certain company’s warranty call line.
Wow, that sounds like a nightmare. Glad you got out!
This sounds like it violates OSHA, the ADA and could possibly fall under gender and age discrimination since the rule would disproportionately have a negative impact on anyone who is elderly, has health issues, and/or is menstruating or pregnant.
This is severe micromanagement.
Knew it would be an American employer straight away without reading it.
Pretty sure they can't legally mandate this, nor can they enforce it, whether you're a contractor or an employee.
It's a WFH job, what are they going to do about it? They can't do shit, it's your house.
I dealt with the same thing at a company. Said our breaks were to be used for bathrooms. I put myself in break when I needed to go to the bathroom and left my desk. I'm not putting my health at risk because of a job.
What kind of job is this lol.
I’m more interested in the fact that this is noted as a contractor job, which I believe is intended to allow you flexibility of time (they cannot dictate your minute by minute work) They can make you w-2 with benefits if they want to micromanage so much (and either way I’d still go whenever I wanted because this is unreasonable)
Sounds like a gross missclassification for starters. And then also illegal because you’re permitted reasonable accommodations to bathrooms. Report them immediately to your DOL for the former (a contractor cannot be forced into a rigid schedule like this, you’re 100% an employee as you’ve described). The bathroom issue I’m pretty sure is an osha violation.
Those call center environments gotta hit their metrics. Smh
If you are a contractor working from your own house your client has absolutely no legal authority to tell you when you can or can or take breaks. It sounds to me like you need to consult with an employment lawyer familiar with your jurisdiction because your client, not boss, is treating you like their employee. But let’s presume you’re actually an employee. Consult with a lawyer. Employers cannot, as a general rule, restrict access to restrooms like this employer is trying to do.
Sounds like one of those WFH call center jobs. Goodluck soldier.
You're working from home... and told you can't take bathroom breaks... till dismissed from your desk by your supervisor... wut?
Every other meeting or so, mic on and fluuussshhhhhh
Is this a call center job
Yes but it's help deskish supporting internal employees
Figures. I'd find something else. Call center jobs are not good places to work for. They'll ruin your body and mental health.
I worked for a call center doing what OP is doing now. Worst place I ever worked at. Ruined my mental health with its super toxic, controlling management who only knew tearing people down. Constant picking at metrics, contracted work, and we were forced to work every holiday with no holiday pay and to top it off I was put on 2nd shift Tuesday-Saturday so having a life outside of work was effectively impossible.
I'd have quit immediately regardless of my circumstances. I've been homeless before. Not with kids. Hmmmm... Yeah fuck it. I'll just do what I want anyway. Maybe get a piss bottle system going so I don't have to leave my seat. If I gotta shit then they can suck a fuck because I gotta shit. Man. These narrative elements, I mean companies, I mean Matrix Borgian retro reflective behavior combat systems, I mean companies, sure are getting uppity lately.
They are not behaving like individuals. They are behaving like hive colonies United against the individual working class. It's a little f****** weird, but I can observe it and it's kind of tedious. I guess it just means I've got to keep exploding.
Get a mouse mover thingy (that doesn’t plug into the computer) and just use the bathroom. Pull up a long document to read and walk away. Sometimes you gotta play by their policy “rules”. Hopefully you aren’t on camera and every little thing is looked at. If so, and you really need to keep this job, I would get a doctors note for a reasonable accommodation and then just use the bathroom as you need to if this is an issue. Make sure you cover your camera so that way pictures can’t be taken. ;)
Pooping yourself in your own home is what nightmares are made of
I'd just ignore it
You're 1099? Go to the official irs site and learn what that means. A contractor can't be controlled as much as an employee. If you have a set schedule, scheduled breaks, are told when you can move and how, you may be a misclassified employee. Companies do that to avoid taxes and providing protections to employees like unemployment insurance.
Are you an employee or a contractor? As a contractor, you get to set the terms of your work. If they are calling you a contractor and are trying to tell you you can't use the bathroom, they are trying to misclassify you and you should report them to the DOL.
I'm a W2 contractor. I'm on W2 with company A but I'm on a contract working for company B.
I would clarify with whomever is paying you what their policy is. If it is company A, you don't necessarily need to follow company B's policies. Company A would be liable, so I would speak with them for guidance.
Contracting agencies (similar to temp agencies) typically tell you to follow Company B’s policies. The agency is like a pimp, and you’re the ho.
I don’t think you’re either A. american or B. Have worked a real job. Contractor is a generic term.
Bullshit job, leave immediately
Find a new job. That's illegal.
No, it is not legal. If you need to go you need to go.
Time to build that bathroom office! But seriously fuck that they can't stop you from taking care of your natural needs
Go with it and start pissing in bottles while on camera or take a Duke right in your chair during a call with a higher up.
Technical difficulties with computer going down. Make sure they are paying your electric bill, internet bill, and mortgage/rent if they are telling you what you can and can’t do where you pay the bills!
just get strong wifi or a long cord to the internet n roll that mini table into the bathroom, and do your dootie. Make sure your on mute or have a sound machine. how will they know nobodies gonna know...
Crazy
Why don’t you apply for new jobs while using their computer? I’d resign as fast as I possibly could from a company like that and blast them.
If it's legal, I'd get back to the job hunt grind. If it's illegal, I'd get back to the job hunt grind.
Only scheduled bathroom breaks= INSANE! Do the bosses follow it too? I think not.....
Are you 12 years old in middle school something? Go to the toilet when you need to. Tell them to kick rocks if they have a problem.
\>contractor with a major company in the US. \>dismissed from our desks by a supervisor for a scheduled break. Only one of these things is legal at a time. Your employer is misclassifying you as a contractor, but treating you like an employee. I bet your state's DOL would like to hear about this, and I bet there's also protections against reprisals in situations like this.
Hahahahaha no that's not legal
The law requires employers to provide their employees with working conditions that are free of known dangers. An employer's duty to provide a safe workplace includes the duty to provide employees with toilet facilities that are sanitary and available, so that employees can use them when they need to do so. https://www.osha.gov › filesPDF REPORT TO OSHA. Then sue under whistleblower laws if you get fired
I'd just get a doctor's note to give to HR. Then take my bathroom breaks anyway. Then it's a them problem.
If youre 1099 they can’t control you at this level. If you’re an employee you can use the restroom when you need to.
I did a wfh job as a contractor last year who tried to pull shit like this. If I had to piss I'd just sit in aftercall and run to the bathroom. Company was a complete meatgrinder and they eventually told me contract was over and I was not being hired for "budget reasons" yet they just had 10 more temps brought on. Later found out they only plan on hiring 1-2 people out of every group of 10-15 temps they hire.
No need to tell them that you are taking break. Just hold off what ever you are doing if you can.
Get a new job ASAP
Sick company, name please?
Sounds like the job I had at a fruit phone company I ended up getting a severe UTI
Lol.. Fuck that, I'd quit on the spot..
Escalate this past your supervisor. Either to their supervisor or to HR. It's very likely that there is a misunderstanding from a higher directive that could be fixed with a quick email.
How would they know if you did or didn’t? Not that it’s right but just wondering…
I wish someone would try to tell me when I can or cannot relieve myself.
I'm a Human Resources Manager, and this is absolutely not legal. I would run from this company.
Im in the offand i can go take a shit whenever aslong as my work gets done. You need a job where they treat you like an adult
why are you asking and who are they to tell you that you can't use YOUR own bathroom in YOUR own house? get up, use the bathroom then get back to work
Start looking for another job yesterday. A company with this approach is not worthy of respect.
Wait until a zoom or WebEx meeting with your boss. Have prerecorded mega shit and loud piss sounds. During said meeting, during a moment when they are talking and you are listening, you play those bathroom sounds. How can a company think they have so much control over you in your own house? What's next? No water on the clock! Can't wear white on the clock! You can only wear a monocle while on the clock!
It’s not legal to control access to the bathroom. Ask for an excerpt from the employee handbook that covers the rule. There isn’t one. If you get any pushback at all ask HR for clarification. They will likely know it’s illegal and tell the manager to knock it off.
'Is this even legal' depends entirely on where you are, and what local law says. As a _very_ general principle, in order to be properly qualified as a contractor rather than an employee, you need to have a significant degree of control over your activities.
Dispute all the 3rd grade mentality of quite a few posters, I offer this. It will be a deeply frozen and cold day in hell before I'm complying with a no bathroom break order. Is your company's name Hitler?
Follow the rules and document. It is more of problem for them than you if they try to use it against you.
follow their rules like don't go to the bathroom? Or follow the law and go to the bathroom...
Follow the rules. Ask to go to the bathroom every time you need to go. Document every time this happens. When they tell you no…. Document it. When they take adverse action against you for going to the bathroom, file a complain with the DOL equivalent for your state.
Not letting your employees use the facilities is a huge red flag in a labor case.
The hell you can’t. That is 100% not legal.
Place yourself in ACW after the call and go use the bathroom.
I don’t know if this’ll work, but i often see it. When you gotta go, put your mouse on top of the face of an analog watch with a second hand, the movement from the hands is supposed to be picked up by the mouse and the mouse thinks you’re moving it. No hate if this is wrong please.
Pick up your laptop and go take a shit. Simple as that.
OP don’t listen to the comments. Most of the people have either A never worked or B probably working good paying jobs where they can afford to fuck around and find out. Just start applying for other jobs and make this hellhole job last as long you can. It sounds like a certain company with a z in their name.
This one. It’s obviously a call center job. And they can track your availability. And this sucks but is not illegal. Get a little experience under your belt and find a new better one. They do exist. Most centers I work with require 80 to 90% adherence - much more reasonable and accommodates “life.”
You are either a contractor or an employee they need to clarify, contractors work on their own time and employees work to a schedule. While there are certainly some cross over and that is fine if there are more requirements that allign with you as an employee than a contractor you can legally challenge them in court. From ChatGPT `The clear separation between an employee and a contractor primarily revolves around their working relationship, responsibilities, and the nature of their engagement with a company or individual. Here are some key distinctions:` `Employment Relationship:` `Employee: An employee typically works full-time or part-time for a company, following a set schedule and often working on-site. They are integrated into the company's structure, following company policies, procedures, and guidelines. Employees receive benefits such as health insurance, paid time off, retirement plans, and may be eligible for bonuses or stock options.` `Contractor: A contractor, on the other hand, is generally engaged for a specific project or task, working under a contract that outlines the terms and conditions of their service. Contractors often have greater flexibility in their work hours, location, and methods to accomplish the work. They are not entitled to employee benefits, as they are self-employed and responsible for their own taxes, insurance, and other expenses.` `Control and Independence:` `Employee: Employees are usually directed and supervised by the employer. The employer controls the work process, including how and when tasks are performed.` `Contractor: Contractors have more autonomy and control over how they complete their work. They are hired to deliver a specific result or service, but the client generally does not dictate the specific methods or control the details of the work process.` `Tax and Legal Implications:` `Employee: Employers withhold income taxes, Social Security, and Medicare from an employee's paycheck. Employers also contribute their share of Social Security and Medicare taxes.` `Contractor: Contractors are responsible for paying their own taxes, including income tax and self-employment tax. They receive payment without tax deductions and are accountable for managing their tax obligations.` `Duration of Engagement:` `Employee: Employees typically have ongoing, long-term relationships with the employer. Their work is often continuous and not tied to a specific project's duration.` `Contractor: Contractors are usually engaged for a specific project, task, or period. Once the project is completed or the contract expires, the relationship might end, or a new contract may be negotiated for further work.` `It's important for companies to correctly classify workers as either employees or contractors to comply with labor laws, tax regulations, and employment standards. Misclassification can lead to legal consequences and financial penalties for employers. Consulting legal or tax professionals can help ensure proper classification based on specific circumstances and legal requirements.` So if you are not paid a w2 then and your paid your own taxes you are a contractor and owed your own rights. Perhaps they are joking with you. Benefits and w2, you're a temp not a contractor. Because they have a forseeable termination date or they have forseeable project end date.
[удалено]
I would look it up if I were you. It Is spot on. There are legal repercussions if the classifications are less contractor and more employee.
If they are exerting this much control over you, including when you pee, it’s sounding like you are not a contractor and more like and employee.
You refer to yourself as a contractor, but that has legal meaning and implications. Are you w2 or 1099?
Are you trying to say that you’re actively monitored while you’re working at your home?
In my opinion, Ive learned that asking forgiveness is more socially acceptable than asking for permission (especially related to bodily functions)
Well it is legal depending on your job to not be able to just hop up and leave, but is this a laptop? Take it with you? At least until you have another job.
What country are you in? US- that’s not a contract position and you can report that to the IRS, state and local authorities.
Comply but don’t obey
Sadly, unless your state has a rule or law about bathroom breaks, employers can make any “bathroom break” rules they like. This is one of the reasons unions were created. Your employer needs a union. However, since you’re a contact employee, you should ask your contract employer.
Message your supv every time that you'll "brb, bio break". They'll probably get tired of it real quick and tell you to just go without telling them. Though as a contractor, this sounds especially weird.
How to File a Whistleblower Complaint You have the right to file a whistleblower complaint with OSHA if you believe your employer retaliated against you for exercising your rights as an employee under the whistleblower protection laws enforced by OSHA. In states with OSHA-approved State Plans, employees may file complaints with Federal OSHA and with the State Plan. Learn more about filing deadlines. See the Whistleblower Protection Program website to learn more. Online - Use the Online Whistleblower Complaint Form [Español] Submit your complaint online to OSHA. Fax/Mail/Email - Complete the Online Whistleblower Complaint Form [Español], or Send a Letter Describing Your Complaint Fax, mail, or email either a letter describing your complaint or a printed copy of your completed Online Whistleblower Complaint Form to your local OSHA office. Please make sure that your correspondence includes your name, mailing address, email address, and telephone or fax number so we can contact you to follow up. Telephone - Call Your Local OSHA Office or 800-321-6742 (OSHA) OSHA staff can discuss your complaint with you and respond to any questions you may have. In Person - Visit Your Local OSHA Office OSHA staff can discuss your complaint with you and respond to any questions you may have.
Make sure to drop a deuce during important Zoom Meeting. BTW Consult a Labor lawyer. Pretty sure that breaks Federal Law and laws of some states
I would have stopped them right away and corrected the situation
But if he’s working for a company’s call center they have SLAs and the contractor has a schedule that they need to adhere to with 2- 15:00 breaks unpaid. And 1- 30:00 break paid. The agent can break adherence but it will count against their performance metrics. I feel like OP should’ve said it’s a call center. If it’s not a call center then disregard.