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Required to work during break?

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Moelysol

Junior Member
I live in the state of Virginia and have a question related to employment law that is two-part. First, can your employer require that you stay on company property during your unpaid lunch break? I'm in a clerical position and it seems to me that that is my time and that I may use it as I wish since I am not being paid for it.

Second, my employer requires some employees to not only stay on company property but to continue to answer their phones and two-way radios and to take handle customers during their unpaid lunch break. These employees are maintenance personnel. Once they handle a situation, they may add that time to your lunch so that they get their whole lunch break though. However, it seems to me that these employees are simply eating while they're working but the employer is calling it a lunch break because they are legally required to allow you to take a break. The maintenance personnel also get two paid breaks per day, if that makes any difference. Clerical personnel, like me, do not get any paid breaks as our supervisor's supervisor does not see this as being needed since we work in desk jobs. I understand that this is perfectly legally as employers are under no obligation to give any employees paid breaks.

I have a new supervisor who said that this practice is not uncommon. She used to work in the private sector (we work for the state) and said that it was nearly impossible to leave company property for lunch. You could do so if you went to the attendance office and filled out paperwork requesting permission to do so during your lunch break. However, because this process took up so much time, your lunch was over by the time you had the official documentation allowing you to leave the job site. I would appreciate any feedback, especially any that sites the proper employment laws so that I know where I stand. Thanks for your time.
 


ecmst12

Senior Member
I've worked at a lot of places. I have never worked anywhere that required you to fill out paperwork in order to leave the building. The only places I can think of where that might be the case is like, Lockheed ****** or other company that does top secret government work. Normal companies though, when you're off the clock, you can go where you want.
 

cbg

I'm a Northern Girl
There are only a very few states that require that the employer must allow you to leave the building on your break, and Virginia is NOT one of them.
 

Moelysol

Junior Member
CBG, could you please tell me where you found this information? I have tried unsuccessfully to find it. It makes no sense to me that on an unpaid break, I be required to stay at work. Thanks a bunch.
 

cbg

I'm a Northern Girl
It's not that there is a law that gives your employer permission to require you to stay on site. It's that there is no law that prohibits them from requiring it.

The states of New Jersey and Massachusetts have passed laws that specificially prohibit an employer from requiring an employee to stay on the premises during a break. The other 48 states have not. Therefore, in those other 48 states, the employer may do so.

It doesn't have to make sense. It only has to be legal. And it is.
 

Moelysol

Junior Member
OK...I understand then that my employer can require me to stay at work even though they are not paying formy time, however, as I mentioned in my original post, can employees still be required to work during this time?
 

cbg

I'm a Northern Girl
That's a separate issue.

Neither Federal nor VA law requires that you be provided with any breaks at all. So there is no legal requirement that your employer offer breaks.

However, if no break is offered, then you have to be paid for all the time.

Your employer has two choices. He can offer you a break, during which you do not need to be paid and for which you can be required to remain on premises, but during which you do not do any work. Or, as an alternative, he does not need to offer you any breaks at all, but pay you for all the time you are on the premises.
 

mitousmom

Member
If you work for state government, there may be internal personnel rules and regulations that apply. In most government bureaucracies, individual supervisors and managers don't get to make up their own rules. You should contact the state agency that controls personnel matters for the state of Virginia's employees. I think it is the Dept of Human Resources.
 

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