2007-07-05 01:23:40 · 23 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
In the U.S. this greatly depends upon your state laws. The Fair Labor Standards Act specifies basic requirements for labor, but state laws can go beyond these basic requirements.
Now, to answer your question, everyone else who has answered the question before me is wrong.
In 29 CFR, Section 785.19,
http://www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.19.htm
Your employer DOES NOT have to pay you for a lunch break as long as you are completely freed from duties during the break. In other words, if you have to stay on premises because you are watching some equipment to make sure it isn't stolen, then you have a duty and your employer must pay you. If your employer says you must eat your lunch at your desk, even if they don't require you to do anything, that is still duty related and they must pay you.
However, if your employer says you can go anywhere on the premises but you aren't allowed to leave the premises, then they do not have to pay you. For example, your allowed to go to an on-site lunch room and chat with co-workers, then the employer doesn't have to pay you. Or, if your allowed to go outside to a picnic table to eat your lunch and you're not watching equipment, then the employer doesn't have to pay you.
State law may override the federal law as long as it is more stringent on the employer. So, your state may require that employees be allowed to leave the premises during meal breaks or else be paid.
Good luck,
2007-07-05 05:19:52 · answer #1 · answered by NGC6205 7 · 0⤊ 0⤋
Nope, they can try but a law suit would put a end to that practice. BTW, they also know you will not hire a lawyer. What you do off the clock is not under the employers control. I go for a walk on my lunch break, outside the office and in the fresh air. Office air is harmful when not vented well. Sunshine is also good for the heart, health and well being of the body.. I recommend nude sun bathing at lunch time.. Nude sun bathing could also be considered as a form of religious ritual..
2007-07-05 08:38:22 · answer #2 · answered by jack09 2 · 1⤊ 0⤋
In general no. I'd suggest that you check your state laws, as they may vary from state to state. I've worked in both situations, and where paid, the employer insisted that I remain on premises, so as to respond if necessary. Unpaid the employer had no say as to where I went for lunch.
2007-07-05 08:29:27 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
not at all! The company is not even paying you so you can do whatever you want. Even if you are on a paid lunch break, you still have the right to be wherever you want.
2007-07-05 08:32:44 · answer #4 · answered by Winnie 1 · 0⤊ 0⤋
in one word no as an ex shop steward they cant demand you stay in on your break times if you don't want to that is your time not company time you are on at lunch time as you receive no pay while on any breaks.
2007-07-06 20:30:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no if they are not paying they cannot insist you remain in the building , that time is yours.
2007-07-08 21:10:26 · answer #6 · answered by mickel 2 · 0⤊ 0⤋
Probably not legally, but if you want to have a chance at increasing your salary, I'd probably make a few sacrifices to your boss.
2007-07-05 09:14:53 · answer #7 · answered by dr_tom_cruise_md 3 · 0⤊ 0⤋
No, unless you work in a secure enviroment or one with very strict privacy rules
2007-07-05 08:32:59 · answer #8 · answered by Tiger01204 5 · 0⤊ 0⤋
Don't think so but check with your states Department of Labor they should be able to answer that question for you.
2007-07-05 08:27:10 · answer #9 · answered by oma_30701 4 · 0⤊ 0⤋
No, if they insist then you must ask to be paid for the overtime.
2007-07-05 09:12:01 · answer #10 · answered by Mrs M 4 · 0⤊ 0⤋