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| *Ostroff, Fair and Company>>>Law & Legal |
Can your job tell you that you can't leave property during lunch time? |
Can your job tell you that you can't leave property during lunch time? They can. Unfortunately, depending on the type of work you do and where you live as well as if you are paid for breaks or not, the labor laws are written so vaguely that even an accident on your lunch break may be covered under these laws. For example, if you work for a company that provides paid breaks and lunch time, they can in fact tell you that you may not leave the premises because if something happens to you on your break, they may be found liable under insurance, workman's comp and labor law regulations. I worked for a company like this where we had paid 15 minute breaks and lunch hour. Across the street (2 lane road) was a strip plaza with restaraunts and a convenience store with cheap food. It was maybe 150 yards from the building I worked. I was scolded for leaving to go there one day and told if I was hit by a car during that time, their insurance would have had to cover me because I was being paid, therefore covered by all insurance, workman's comp and labor laws. So if a car had hit me, the store had been robbed, etc, my employer still could have been found at fault to some degree even though they had no control of the matter. Sounds crazy, but unfortunately, true. If you are not paid for breaks, I believe (depending on the state) you cannot be told where to go or not go. You are relieved of all duties at the point you punch out, the same as you are at the end of your work day. You are not being paid from the point you clock out in that situation so therefore, most laws could not hold your employer liable for what happens during your lunch break unless federal law has a provision that specifically states this. Also, another thing to consider is if you leave your building or are in the work area (for example, contractors, construction work), those employers may be liable if something happens if it is on their property or in their vehicle. Sure they can. You have been informed of the policy - if you don't find it to your liking - you can always seek other employment. It is not against the law for an employer to request you remain on the premises (it doesn't matter what other departments do). There are many industries that require employees remain on premises - everything from civil service workers such as firemen who are on-call to construction workers and people who never leave a property when at work, like those who go out on oil rigs or fishing boats. Without knowing the company, its function, the industry involved, your position and the reasoning behind the decision, there's little anyone can tell you - if you have an issue with the new policy - take it up with your human resources department. http://www.dol.gov/esa/whd/flsa/... if your on there time they can but if you clock out for lunch then you can do what you please Absolutely NOT!! If you are off the clock, you can do whatever you want! It is definately illegal for them to tell you that you cannot leave the property! Are they paying you, or are you off the clock? I would say if you clock out for a lunch time and there not paying you.. then u can do whatever you want your not on there time !! |
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