Wow...this could be a sticky wicket. I'd definitely reference the mandatory breaks, and it'd probably be a he said/she said thing. I don't think they could take disciplinary action...I mean, what if you were using the restroom during your break? Check with your labor board, but I doubt they have anything to tell you. I'd sue, definitely, if you're fired. Until then I don't think there is much that you can do but document the break time. I had one of those bosses that you couldn't move from your desk without him having to know about it, so just to stick it to him, I'd send an email the MINUTE I got in, send one when I went on my am break and when I returned; prior to and returning from lunch; afternoon breaks and of course, when I'd leave for the day.

It really ticked him off, but it proved my point. In an office you don't punch a clock, but if they're going to be so anal about it, I'd do the digital equivalent. He quit making us 'mind' our time shortly after that. So that might be something you can do in the mean time. Sort of a Cover Your A** thing.

So sorry you have to deal with such difficult working conditions. I'm assuming you work in a situation without union representation since it sounds as if you have to deal with this on your own. In a case like this, I would go to management, with the memo in tow, and say something like, "I must have misunderstood this memo, since I took it to mean I should determine my own break time, and I thought that's what I was doing. Do I need to set up the break times with someone in advance because I want to minimize disruption to business. I think I just need some clarification about the policy." When they clarify it to you, repeat it back to them. Also, MAKE NOTES: Date, time, who you talk to, conversation specifics. In fact, make notes of any negative interaction you have with mangement. My advice might be different if the economy were better, but I'm guessing you need/want this job.

But, to play devil's advocate (not that I think you're at fault), why are your co-workers complaining about you? Did the memo state to set your permanent break times, and you take different times every day or do they expect you to take your breaks during a lull in business activity, and you're taking them at a set time every day regardless of activity? It sounds as if you're in a very precarious position right now, and may have to do a bit of kowtowing which, it seems from your online personality, may be a little hard for such a strong, independent person like you. As a former supervisor to a group of primarily females, one was always complaining to me about another. And, in their mind they always had legitimate complaints. So-and-so takes smoke breaks and I don't smoke, so-and-so comes in late, so-and-so uses their cell phone too often, etc, etc. If your co-workers have a problem with you, they can do serious damage to your reputation by persistently complaining behind your back, and management may just decide it's easier to get rid of you, even if their complaints are petty.
Dee

ah pesky thank you...as you might have guessed this is a " current " situation and is pretty upsetting. My " family member" is having such a hard time and we are trying to help. This whole situation is so ridiculous as the fellow workers sit at their desks "waiting" for someone to mis- behave. It is so sad and such a wake up call to the work world as it has become not as it was for the rest of us.

This is a world of " tweeting" and " texting" and " who knows what " at a SECONDS " notice. I don't have any desire to know what you are feeling or thinking or wanting or experiencing at a moments' notice. Keep it to yourself. Share it with someone you have known for MORE THAN 5 MINUTES !!. The world does NOT want to know what you you are thinking, feeling , experiencing....

I am sorry ...I am so strung out....please forgive me...I will go " away" till I can collect myself ...or not ....c

If these are non-exempt employees, they have to take the breaks or the company can be in trouble for wage and hour violations. That being said, most breaks, vacations, etc., although earned by the employee, are subject to management approval. Whenever I have had an issue with peers, I have figured out what I think the solution should be. That may involve a conversation with the peers, or it may not if it would be counterproductive (as it may be here). Then I go to management sort of benignly, not casting stones of any kind, and state the problem and the solution. Most of the time they're glad to not have to come up with the solution themselves, and will go fof it.

So, in this case, the options would be: designated break times; or only one on break at a time, "tagging" one another so that someone is aware of where you are; or designated busy times during which breaks are not allowed. The employee could approach management and say "there has been some confusion regarding covering the floor and also getting breaks in. I would suggest that we (whatever)."

That makes the e'ee look like someone who cares, and takes the manager off the hook for dealing with this PITA issues. It's Win-Win.

I think maybe they should sit down with management and ask about the break policy. If they say the time is up to the employee they might also say that it has to be within reason. Say one in the morning and one in the afternoon. Some kind of agreement should be made. Then log daily activity of breaks. I don't know how one would sue coworkers for being nosey and troublemakers. I am sure the employer would come up with some type of evidence to support their just firing, no matter how weak it is.

I normally work 9-5 where others work 7-3. They take lunch at 11 and some at noon. So I go at 1 or 2. This prevents us all being gone at once but also fits the laws about breaks being after a certain amount of hours worked. Some have commented about my going so late but they shut up when they realize I come in so much later than they.

It amazes me how people spend so much productive time watching every move hard workers make. But when the hardworkers get fired then the unproductive ones won't have anything to do..... except maybe their job and the job of the hardworker that got fired.

IMO your family member needs to go into full CYA mode as Pesky suggests. I would stop taking any breaks except for a quick trip to the bathroom and a short lunch break for the next six months until this blows over. He or she should be the exemplary employee, at least in the break department.

I've never quite understood why most people sitting at desks need the 15 minute break. People who stand all day such as grocery clerks or factory workers who cannot leave their stations need this so they can go to the bathroom and rest their legs. But an office worker? You go to the bathroom when you need to and come back in 3 minutes, do a couple stretches of your neck and arms and get back to work.

Perhaps the situation can be eased by the family member telling the other employees when he/she is about to go on break?

But in any case, the FM should start to put things in writing. After any meeting with the boss, go back to his/her desk and sit down and send an email to the boss, recapping the meeting and everything that was decided in it.

"Dear Boss,

To clarify the results of our meeting on Oct. 18th, 2010, I am to take two 15 minute breaks each day. My morning break will be from 11:00 to 11:15 and my afternoon break from 3:00 to 3:15. I will notify Ms. Smith and Mr. Jones that I am taking my break. If I am unable to take my break at the scheduled time, I will take it as soon as possible and also notify Ms. Smith and Mr. Jones about the change in time. I will also carry my cell phone with me at all times, so that I can be notified of an emergency while on my break.

If there are any changes to this or any clarifications you would like to make, please let me know."

And he/she should save a copy of the email and also send a copy to a personal email address. What happens in a meeting can be forgotten or misunderstood. Putting it down in writing gives both boss and employee something concrete to refer to later.

And I hate to say this, but I think your relative should start looking for a new job. It's been my experience that when your boss starts criticizing your breaks and other little, minor things about your work that your boss is looking for a way to get rid of you. Even if that's not the case, this doesn't sound like a very friendly workplace and your relative may be happier with a new job.

The other posters have given your great advice. I have a question about the situation -
Do the other employees take 15 minute breaks and are there complaints when they are absent?

If we are talking about a young employee, I'd question the employee more. I smell a rat.

Golddust, mom of the most fired young man in Texas. Luckily he has matured.

Sorry I read your OP wrong; I thought it was you. I missed your last line. My advice still stands, but I agree with camlan. They are looking to get rid of your relative, and sounds like they are already documenting problems. I'd tell him/her to start looking now.
Dee

Thanks for the responses. There is something in everyone of them that hits on the "truth" of the situation.

Golddust is right in part that there is surely more to it. FM has never ever been fired though so that is good.

marie also hit the nail on the head. No one else ever takes the breaks...they are afraid to for the very reason .

shannon: "It amazes me how people spend so much productive time watching every move hard workers make. But when the hardworkers get fired then the unproductive ones won't have anything to do..... except maybe their job and the job of the hardworker that got fired"

Exactly...there are several other workers who literally spend the whole day trying to catch folks supposedly not doing their job. They have been reprimanded over and over and are very unpopular. It is a testament to the very poor mngt. that they are listened to and allowed to cont. this reprehensible behavior.

graywings: that is exactly what we have advised. cya is very important until another position is found. The reason the breaks are SO important is because this is a very mentally stressful intense job. It requires extreme accuracy and a 30 min lunch just isn't enough. There needs to be small breaks to get your head clear so you can continue and do a good job.

camlan is right that a new job is in order but since this one has only been for 4 months FM was trying to really make it work. And yes they are trying to get FM to quit...this is a tried and true method for sure.

jakabedy: it would be great if they could have a team approach to this. My FM actually sat down with the boss a couple weeks ago and proposed a really efficient means of getting things done and allowing less stress....they said they would " think" about it and that was the last heard on that. You are correct about mandatory times for lunch...if you take even one mintute over or under you get written up as the company gets in trouble...this is CA....I wouldn't live there now after spending 4 weeks there for anything in the world. I never saw so many posted rules and reg. in my life.

So thanks . I have forwarded the suggestions you have made. They had a meeting yesterday. They said that the policy in CA is if anyone complains about anyone an " action" must take place...in this case written up ...again...this is the last time. The FM has refused to bend even a little...this is a stubborn person....we have advised that bending would be a very good idea as this will lead to firing the next time it happens...the " watchers" are NOT going to stop and the mngt is NOT going to change...so you either give in or get out.

Thank you for putting up with my rant....others have ranted here so I knew it was a safe place to do so ....I appreciate it. Now back to much more interesting and fun topics. c