i live in ohio and at my work place we cannot leave the place or even go to our car on our lunch brake. We have to clock out so we are not on a paidbrake. This is our time... is this legal or do we have a right to leave.??
2007-01-07 08:28:29 · 9 answers · asked by annieluvsu22 1 in Politics & Government ➔ Law & Ethics
If you're not on the clock, I don't see how they could really control where you go. Of course if you were late coming back there could be reprocussions. I would talk to someone in charge at the company you work for. If nothing changes, you might consider leaving. This definately doesn't sound legal to me!
2007-01-07 08:41:03 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Most lunch brakes that are an hour long are not paid. As far as the leaving the building or site, I'm not sure about, the legallity, however, I do not see why they would tell you that you could not leave. If it's the issue of people not returning from work or constantly late, then I'd continue at that job until you find another one because you should not be punished for someone else's actions.
2007-01-07 16:33:07 · answer #2 · answered by pinkfloydchickcs82 2 · 1⤊ 0⤋
You should contact your Union Rep. if you have a Union. If you clock out and back in on time, the company cannot make you stay on the premises. If you are not permitted to leave the premises and do not clock out, you can force the company to pay you while you are on break because that would be involuntary servitude. See U.S. Constitution. 13th. Amendment, Sec. 1.
You should be careful about that though. The company could fire you, but then you could sue the company for unlawful discharge, force the company to take you back and pay you for lost time.
2007-01-07 17:00:39 · answer #3 · answered by gyro-nut64 3 · 0⤊ 0⤋
If an employer demands that you stay during unpaid time, they have broken the wage law. Get your coworkers together, gather the pay stubs and report them to your states Wage and Hour Division. They owe you money and this will stop the practice. You need a union!Edit; DO NOT isolate yourself, get your coworkers to stand with you, if you are worried about repercussions, make your call anonymously, do some research on your states whistleblower laws, just in case. Just remember, you are fighting for your rights that many American workers fought for and suffered to make sure that you would have these rights. Good Luck!
2007-01-07 16:46:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
That does not sound legal. I think it sounds like more of a policy for your particular work place. Try talking to some other people there and even the boss if necessary to find out why this rule is in place. You are not a child and you should not have to be treated as one.
2007-01-07 16:38:23 · answer #5 · answered by just julie 6 · 0⤊ 0⤋
I've never heard of this. I would find out first if your company is allowed to do this. Go to your state department of labor website. They will have contact information there.
Do your research first before you kick up a stink at work. Then, when you get the facts, you can decide if you want to confront your company about this. It doesn't seem right to me. What if you want to run an errand or something on your lunch? Sounds weird to me.
Good Luck.
2007-01-07 16:41:55 · answer #6 · answered by bon b 4 · 0⤊ 0⤋
You're OFF the clock, right. Hello... They can't tell you, that you can't leave unless you're on a "restricted area, high security" job for the government. In which case, they'd have to provide you lunch or a space for lunch.
In the free market society, you are not paid for that time. It's YOUR time. Do with it as you please. Take them to court, a lawyer would have a field day with this...
2007-01-07 16:53:16 · answer #7 · answered by James B 5 · 0⤊ 0⤋
If they have you punch out you are on your time not theirs. It is not illegal per sey, but you could have a case with the employment commission should you want to pursue it. Make sure you are ready to leave that job first, if you get my drift.
It is called unpaid overtime, and if you are hourly, the government takes a dim view of it.
2007-01-07 16:39:26 · answer #8 · answered by diogenese19348 6 · 0⤊ 0⤋
That's insane. If you aren't getting paid then why should you stay? That's the way I see it.
2007-01-07 16:36:47 · answer #9 · answered by bryce 2 · 1⤊ 0⤋