Is it legal for an employer to say I cant leave the building I work in?

Question

during my dinner time?
Apparently tuesday and thursdays are a working lunch and we get paid for it ( 30 mins is what we are allowed) and we cant leave the building!
Says I get an hour unpaid lunch in my contract.
Anyone??

Answer 1

I am assuming that on Monday, Wednesday, and Fridays you have the full one(1) hour lunch, during which you can leave the building. Your 8 hour workday is 8:00 AM - 5:00 PM.

On Tuesday and Thursday, the Company has declared "working lunches", and restricted employees from leaving the building. Probably because there is a continuous production line that can't be shut down.

What happens to the 30 minutes remaining for lunch? Do you get to leave early?

Seems to me that on M, W, F you work and are paid for 8 hours, and on T & Th you work for 8.5 hours and are getting 8.5 hours pay per day. Which is 41 hours per week. I think that you (and co-workers) are entitled to 1 hour of overtime per week (at half-time, since you already received the straight time portion) .

For Example: $10 x 40 = $400 (pre-tax)
($10 x 41)+ ($5x1)= $415 (pre-tax)

I recommend that you talk with your Union representative. You may have sufficient grounds for a grievance.

Answer 2

The reason the boss say`s you can`t leave the building is a safety issue , if there was a fire and you had left the building then at a "people count " you would be missing and be assumed to be still left inside ! simple way around it is to have a log in / out book so they know where you are . if it states in your contract you have an hour`s lunch then he is breaking the law by only giving you half an hour ! but if it doesn`t state in your contract that you must stay in the building then have a chat to your boss and see what the problem is and point out that it isn`t anywhere in your contract !

Answer 3

According to Working Time Regulations you are entitled to a 30 minute break. That does not mean a working lunch; it means a break! Your contract is exactly what it says, a legally binding document, unless you have signed anything to the contrary in the meantime.

Answer 4

If it is a clocked lunch then the employer is liable during work hours, So if you are clocked in, and you go down the street to get food, the boss is liable for hospital bills if you get in an accident.

But if you clock out during your lunch, your time, your choice. You are no longer on your companies time, so they are not liable.


It's all dictated over money, not really safety.

Answer 5

If you are paid, the employer can dictate where you are.

If your contract says you get an hour unpaid lunch and they provide a half hour paid lunch, you need to discuss and resolve the issue.

Answer 6

Yes, it is legal. Under the laws of America: An employer can restrict where you go and when you go. I myself leave for lunch and bring it back just in case the phones ring. I am afraid that they either have you do it their way, or you find a new job. Good luck on your decision.

Answer 7

I believe that it is mandority to get a 30 min break.. upaid or paid. if you work 8 hours a day.. you cant do a working lunch that is BS.. work during lunch.. and not aloud to leave a building.. that sounds.. way fishy..

Answer 8

some well being care fields are actually not coated the comparable way as "conventional" hourly workers. although, being required to stay at your place of employment isn't callout, so i believe your employer is faulty. The huge apple State Dept of hard artwork will could desire to respond to the question for you, whilst they have finished information of your employment.

Answer 9

If you work with computers you are entitled to a 15 minute break every three hours I believe.

Answer 10

Ask Human Resources to clarify the discrepancy.