Is taking a break required?

[arfonce]

What is the name of your state? Ohio

The starting time for my shift is 8:00 p.m. but we are allowed to "flex" our starting by up to 2 hours either way so our starting time could fall somewhere between 6-10 p.m. Our lunch break is from 2-2:30 a.m. I start at 6 p.m., and now that we are no longer working overtime, work to 2 a.m. spending the last half hour on break. I would rather just leave at 2 a.m. instead taking a half hour break at work. Can my employer require me to stay at work that last half an hour? The break is unpaid.

Thank in advance for any help.

Arfonce

 

[cbg]

It is ENTIRELY up to the employer, not the employee, whether or not you take a break.

If your employer is willing to let you skip the break and leave half an hour early, you may. If they are not, you can't.

 

[ecmst12]

But he's off the clock during the break, so they can't dictate whether he stays on the premisis or not. They could make him come back to clock out though.

 

[pattytx]

FYI, being "off the clock" doesn't necessarily mean they can't require that he stay on the premises. Not being allowed to leave does not, in and of itself, mean the break period automatically becomes compensable.

 

[moburkes]

Also, the emploer doesn't have to allow the employee to take the break during the last 30 minutes of his shift. The employer could say that you have to work for at least, say 5 or 15 minutes after your break.

 

[cbg]

The bottom line is that an employee can't just decide to "take his break" during the last half hour of the day and go home early. He can ONLY do that if the employer approves it.

If the employer says you have to take a break between, say, 11:00 and 1:00, then he has to take it between 11:00 and 1:00, regardless of how much the employee wants to take it at 2:00.

If the employer says you have to take a break during the work day, you have to take a break during the work day. Period.

 

[ecmst12]

Oh I don't disagree with any of that. This person's employer is just being silly about it, IMO. They're telling him that his break is from 2-2:30, not in the middle of his shift somewhere, so if they're going to dictate that then they may as well let him go home early. But it is their choice.

 

[moburkes]

Oh I don't disagree with any of that. This person's employer is just being silly about it, IMO. They're telling him that his break is from 2-2:30, not in the middle of his shift somewhere, so if they're going to dictate that then they may as well let him go home early. But it is their choice.

But OP didn't SAY that the employer is requiring this. The employer does allow a flex starting time, which means that the ending time is also flex. Maybe OP can simply approach boss, and explain that, when he arrives 2 hours earlier, then lunch ends up being at the end of his shift. Boss may then say...
If you start at 6pm, then lunch is at...
If you start at 6:30pm, then luch at at...

And it might end up removing the original concern.

 

[pattytx]

But OP didn't SAY that the employer is requiring this. The employer does allow a flex starting time, which means that the ending time is also flex. Maybe OP can simply approach boss, and explain that, when he arrives 2 hours earlier, then lunch ends up being at the end of his shift. Boss may then say...
If you start at 6pm, then lunch is at...
If you start at 6:30pm, then luch at at...

And it might end up removing the original concern.

Finally, somebody got to the crux of the matter, realistically.

 

[Betty]

Finally, somebody got to the crux of the matter, realistically.

Wow moburkes - I'm proud of you!

 

[arfonce]

Thanks for the replies. My employer is requiring that all of us take our break from 2-2:30.

Arfonce

 

[moburkes]

Thanks, everyone. What a great way to start the morning!

 

[ecmst12]

Thanks for the replies. My employer is requiring that all of us take our break from 2-2:30.

Arfonce

That's what I thought you said.

He's allowed, apparantly, to do this, but I still think it's dumb. He should either let you take your break in the middle of your shift, or just let you leave early. But he doesn't HAVE to.

 

[moburkes]

What I think makes more sense is to simply STOP allowing people to start work 2 hours earlier. Apparently he doesn't want people to leave early by skipping their break.

 

[cbg]

It may be stupid. But it is legal. He can require that you take your break at 2:00 - 2:30, and he does not have to let you go home at 2:00.