Can they tell me where to take lunch when I'm not being paid?

[Tedrick]

I work for a large retailer in California. They are now telling me that I'm not allowed to take my lunch break in the "Cafe" section of the store, even though I am off the clock, not being paid at the time, and am a paying customer (having bought food from the Cafe). They say I MUST eat in the breakroom - my argument is that during that time I am a paying customer, entitled to eat wherever I want, like any other customer. They are now threatening to "write me up," with the possibility of termination. I'm not taking a seat from any other customer, I've paid for the food I'm eating at that establishment...and just want to read my book in quiet. Do they have the right to tell me where to eat?

 

[ShyCat]

Do they have the right to tell me where to eat?

Yes .

 

[swalsh411]

Absolutely. They don't want the cafe section to become a hang-out for employees taking their lunch. That can turn off some customers who may otherwise purchase food.

If you don't like this rule, then you are free to look for another job.

 

[Tedrick]

But I'm a paying customer myself. I'm not eating McDonald's or a tuna sandwich that I brought from home...I bought food from the cafe just like any other customer, and am eating it on my own time. It seems to me that I'm a customer at that point, and not an employee.

 

[Eekamouse]

Don't worry. You keep this up and that's exactly what you'll be when you eat there from now on. Expect to be fired since you don't want to follow their rules.

 

[Mass_Shyster]

I work for a large retailer in California. They are now telling me that I'm not allowed to take my lunch break in the "Cafe" section of the store, even though I am off the clock, not being paid at the time, and am a paying customer (having bought food from the Cafe). They say I MUST eat in the breakroom - my argument is that during that time I am a paying customer, entitled to eat wherever I want, like any other customer. They are now threatening to "write me up," with the possibility of termination. I'm not taking a seat from any other customer, I've paid for the food I'm eating at that establishment...and just want to read my book in quiet. Do they have the right to tell me where to eat?

From what you've written, I suspect you are an at-will employee. That means you can quit anytime you wish, and for any reason you wish. Your employer can likewise fire you at any time for any reason.

Now, there are some laws in place that prohibit an employer for firing employees for various reasons, such as discrimination, disability, and a host of other reasons. I'm not aware that choosing to eat at a particular place is one of those reasons.

You are also free to place whatever conditions you like on your employment. You can demand that, not only to they permit you to eat at their cafe, you can also demand that they provide you with a tasty lunch. If they won't do it, you can quit.

 

[swalsh411]

But I'm a paying customer myself. I'm not eating McDonald's or a tuna sandwich that I brought from home...I bought food from the cafe just like any other customer, and am eating it on my own time. It seems to me that I'm a customer at that point, and not an employee.

It's their property. Someday maybe you will own a business and then you get to make the rules.

 

[AnonUserName]

I work for a large retailer in California. They are now telling me that I'm not allowed to take my lunch break in the "Cafe" section of the store, even though I am off the clock, not being paid at the time, and am a paying customer (having bought food from the Cafe). They say I MUST eat in the breakroom - my argument is that during that time I am a paying customer, entitled to eat wherever I want, like any other customer. They are now threatening to "write me up," with the possibility of termination. I'm not taking a seat from any other customer, I've paid for the food I'm eating at that establishment...and just want to read my book in quiet. Do they have the right to tell me where to eat?

Your available options are to take your break in a place within company policy to read your book and eat your lunch or continue to eat lunch in the cafe and get written up and/or terminated.

Being a paying customer is not a valid argument.

 

[CdwJava]

But I'm a paying customer myself. I'm not eating McDonald's or a tuna sandwich that I brought from home...I bought food from the cafe just like any other customer, and am eating it on my own time. It seems to me that I'm a customer at that point, and not an employee.

You do not have to agree with their policy, or even like it. But, if you refuse to obey it, there can be consequences.

You might want to consider getting another job before you push the envelope and face termination.

 

[ShyCat]

It seems to me that I'm a customer at that point, and not an employee.

You are still an employee. You were not terminated when you clocked out for lunch. Being a paying customer at a particular moment in time does not change your employment relationship.

 

[I'mTheFather]

I am sure they can prohibit you from eating in their cafe, but I'm not so sure they can require you to eat in their break room if it's an unpaid lunch break.

Experts, am I wrong?

 

[swalsh411]

I am sure they can prohibit you from eating in their cafe, but I'm not so sure they can require you to eat in their break room if it's an unpaid lunch break.

Experts, am I wrong?

Well, sort of. They can't physically force him to eat in the break room, but they can legally fire him if he doesn't, although he could almost certainly collect unemployment.

 

[I'mTheFather]

Well, sort of. They can't physically force him to eat in the break room, but they can legally fire him if he doesn't, although he could almost certainly collect unemployment.

Got it, thanks.

If they require that he remain on the premises, and eat lunch in their break room, then he would be entitled to pay for that half hour, right? (off-topic, I know, just curious.)

 

[Proserpina]

Got it, thanks.

If they require that he remain on the premises, and eat lunch in their break room, then he would be entitled to pay for that half hour, right? (off-topic, I know, just curious.)

From all I've learned from the magnificent minds of cbg, betty, commentator et al, no - he would not be entitled to pay unless he was actually required to remain "on call", so to speak (and even then I'm not 100% positive he would).

Unless there was a contract or CBA in effect.

(I'm sure I'll be corrected if I'm wrong!)

 

[swalsh411]

According to the DoL web site on FLSA issues, the employee must "be completely relieved from duty" for a meal break of 30 minutes or more to be non-compensable time. I don't know if there is a precedent whether or not requiring an employee to remain on premises constitutes a "duty". A smart employer would either not have this rule, or pay for the time, to avoid any issues.