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.
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.