Can an employer make you take a lunch the continue working when you are suppose to be off?
My co-workers are having this problem but since I am not a sales floor team member I leave. We work in a retail store that requires us to clock out or clock out for lunch before we hit our fifth hour of work. They were all scheduled 5:45 until 10:30 which means they need to be clocked out by 10:45 so they don't get written up. The last two Fridays he made them take a half hour lunch which we are suppose to have a 45 minute lunch and they are not allowed to leave and since the store is closed they can't buy anything to eat is this legal?
2009-05-23T00:58:58Z
Sorry he made them clock out for a 30 minute lunch 3 minutes before their fifth hour.
Mutt2009-05-23T02:18:23Z
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They make you clock out for lunch, but still work during that time you are off the clock? If this is the case, then the store is breaking the law and you should contact a lawyer.
Other than this, there is no law stating when you have to have your lunch break, nor how long it has to be (30 minutes vs 45 minutes). There is also no law that requires them to let you leave the store during your lunch break. If the company policy is that you remain there, then you need to bring your lunch with you when you start your shift.
My answer does not mean I think the company is right in what they are doing. I would not want to work for a company that treated their employees this way, and I would be looking for a new job when I wasn't working. But, you asked if what they were doing is legal, and it mostly is, other than if they are working you off the clock.
Some employers really enforce the break time because it helps the company cut down on overtime or paying the employee the extra 5-6 hours a week. I would say if he is going to MAKE you take a lunch that you would prefer not to then I would make sure I got my 45 minutes. Maybe by you enforcing that extra 15 he will let you have a choice if you want to take it or not and relax his control issues a bit.
The laws vary by state, in CA., DOSH (State Dept. that runs OSHA) Mandates every employee take a 30 min rest period if working 5+ hours. Also that 30 min period is to be off the clock, and the employee can not have any tasks assigned during that time not even answering the phone or anything. They also cannot prohibit you from leaving the property, as you are clocked out. As with all laws there are exceptions to this. If you are in CA. you can read all about it here http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=lab&codebody=&hits=20 if not CA. search Labor Law in your state.
Are you salaried? Salaried workers do no longer gets a commission time beyond regulation. additionally, in case you artwork 9 to 5, it fairly is 8 hours, so in case you're taking an hour lunch wreck then your are basically working 7 hours. i'm quite useful which you're atleast entitled to a 30 minute paid lunch wreck in case you artwork over 6 yet below 8 hours. i've got self assurance you're basically entitled to paid hour lunch wreck in case you particularly artwork 8 hours or extra. perhaps ask to artwork 8 to 5 or 9 to 6 with a a million hour lunch wreck. communicate on your hr branch approximately your strategies.
They cant leave? Is it a store or a concentration camp? If I want to leave my job on my own time, who can stop me? When you are at lunch, your at lunch, not at the register, taking inventory or discussing business with your boss. Warn your manager that he is breaking rules and as a manager, he should know the rules and enforce them. Dont let this weenie rule your lives, especially for the money your probably making.