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Recent Lunch Break questions

We are required to clock out for our 30 minute lunch break

We are required to clock out for our 30 minute lunch break but are not allowed to leave the building in case we are needed during the 30 minute break. Should we have to punch out or should we legally be getting paid because we have to be accessible during the break? They also say that its ok to punch out for a total 30 minutes even if we have to split up the 30 minutes into 3 ten minute breaks. We live in Michigan but is this legal?JA: Has anything been filed or reported?Customer: no, we want to know if this is legal or not? It sounds like we shouldn't have to punch out because we have to be accessible and can not leave. We are wondering if they have to pay us for the 30 minute break because we really can not do whatever we want when punched out.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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Loren

Juris Doctor

45,954 satisfied customers
Prior to me being married, I was prized by my employer for

Prior to me being married, I was prized by my employer for my knowledge, experience in my field and dedication to my job. When I got married, I began being treated very poorly by my management. I was denied vacation time (that no one else was denied) and when I finally stood up for myself, I was told over and over, by a VP of my company that I was putting them in a spot and how I was making work harder for all of my colleagues.After having a child with my wife, which child had serious medical issues, I was routinely made to feel like garbage because I needed to take my child to regular appointments. I was required to work from my phone while at the hospital with her, I was required to be available for work despite the fact that I was made to clock out and gained no wages for that time.When I returned to my home state (where my company is located. I am a remote employee) for legal hearings for my oldest daughter's custody, I was singled out in my office. Treated like I was an enemy. I was given massive amounts of files that were not in my department, all of which were difficult and no one else wanted to deal with them. This is often referred to in my company as "Shit work". And it's generally reserved as a punishment.I am not afforded lunch breaks any more. I am no longer able to use the restroom regularly anymore. If my boss realizes that I am not at my desk for any period of time, I get in trouble.I have had nearly all of my files and responsibilities stripped from me and given to another employee, forcing me to have less to do during the day and garnering a response from my boss that I am not doing enough, although he is the one who created this issue, presumably on purpose.My boss knows that I have a wife and three children. He knows that I am up against a wall with no ability to quit and he is taking advantage of this constantly.Do I have a case of workplace harassment or discrimination?

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P. Simmons

Attorney

Doctoral Degree

38,622 satisfied customers
Need to know nj state law re lunch, morning, and afternoon

need to know nj state law re lunch, morning, and afternoon breaksJA: Has anything been filed or reported?Customer: no, but new employer has no structure for breaksJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NJJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,794 satisfied customers
For INFO LAWYER ONLY: • We have a 1099 contract worker, she

For INFO LAWYER ONLY:• We have a 1099 contract worker, she is running a few different programs for us right now. She is busy now, but we'll re-evaluate her role after May when things slow down.o A. Current, she comes into the office to work on her “projects” with the team (as a freelancer/contractor) from 830-4:30 and she does take an hour lunch break.o B. Can I be regulating her hours like that while her projects are in motion? Is it okay that she takes an hour lunch with the rest of my team (she invoices her work hours every 2 weeks)o C. Am I obligated in any way to cover her gas mileage to/from the office? And what about sick days?• another person - Our salaried employee makes under 40K per year. She works every day from 830-430 and takes an hour break for lunch. When is she entitled to over time and how does her hour long lunches factor into that?And finally - we have a part-time assistant (admin tasks) she works about 12 hours per week - her hours vary a bit but usually 9am - 12pm Monday - Thursday - we have her as a 1099 should she be an employee?

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Infolawyer

Attorney

Juris Doctor.

43,294 satisfied customers
As an employer, we had an employee complain to the Labor

Hello. As an employer, we had an employee complain to the Labor Board that she does not take her lunch sometimes. We were made to pay, assuming that we asked her to work through lunch. However, its just the opposite. She will refuse to go to lunch and instead work. I understand the labor laws, but if I'm offset or don't even know thatbmy employee is working through lunch, how am I penalized if I reinforce the rule. I even have a time in/out sheet due each week that each employee signs daily stating what time they took lunch. This is a new document to help with the problem and acts as a timesheet or punchcard.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: At will. Full time.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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Marsha411JD

Doctoral Degree

19,798 satisfied customers
Have 2 questions, 1- My daughter works at TJ Max, she is 17

Have 2 questionsJA: Have you documented this or discussed it with HR?Customer: 1- My daughter works at TJ Max, she is 17 and still in school. For the last 7 months they have scheduled her 4 hour shifts. Now there is a new person doing the schedule and they have scheduled her only 3 hours and 45 mins. Is there anything that says they need to give her or pay her all 4 hours?JA: Is the employment agreement "at will," union, full time or part time?Customer: Part time, no unionJA: Anything else you want the lawyer to know before I connect you?Customer: 2. I am a ER Nurse working 12 hour shifts. Employee says they don't have to pay me a no lunch unless I have worked 10 hours. I thought it was after 6. Both questions are for California.

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Do I have any recourse in a situation where I was hired to

Hello. Do I have any recourse in a situation where I was hired to take on a job with 'full training' offered by the company. did not receive that training but very little here and there from unqualified other staff, worked 7 weeks, mostly alone after the second week, continually, on an entire shift of 7AM -3PM..... I was then told by the same manager who hired me but offered no actual training, and who was on leave while I worked the front desk alone over the entire Christmas and New Year holidays,and the following weeks teaching myself to handle everything else, i.e. arrivals, on-line bookings customer complaints etc. On the 7th week the manager said had to let me go on the seventh week because the she had concluded, without having previously discussed the matter with me, That I did not learn everything I was supposed to in 3 weeks like 'others have done before' me. This was the first I had heard of 3 weeks training time. I had no formal training as promised. The fact that I am highly qualified in the actual business of Hospitality and Tourism and Culinary Arts, but never physically worked on Front Office Customer service agent, bookings, departures, and arrivals was known by the company before they hired me for what I considered my retirement post. However the manager made a point of saying that her GM did not like the way I spoke to customers on the phone her words being " maybe because of you English accent, he does not understand you" which was an absolute amazing thing to hear. Several guests have befriended me, others have threatened to complain about the manager's obvious dislike of me in front of them, even more noticeable because of the fact that she let me work alone most of my shift but never allowed me to make door keys for the guests ever. Instead I had to find her or someone else in the company to assist me in order to complete the transaction. I still cannot explain that one.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Just wanted to give you an idea of what I encountered for the very first time in my life. I am in Florida. I am a retiree and was attempting to take on a light job.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time Front Desk Agent, offered with full training.JA: Anything else you want the lawyer to know before I connect you?Customer: I am not versed in these matters, there is much about the actual employment methods that I noted was wrong but said nothing, (too busy working 8 to 9 hours a day standing on swollen feet with no lunch break as agreed).

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Patrick, Esq.

Doctoral Degree

20,706 satisfied customers
My employer sent an email to all employees stating that they

My employer sent an email to all employees stating that they agency is hosting a holiday lunch from '12 Noon to 2:30 p.m. and it is mandatory for all employees to attend except for those on vacation or sick Employees will be allowed to go home early after the event. My union steward is saying the agency cannot do that. That employees must have a lunch hour. Please advise.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in NevadaJA: Is the employment agreement "at will," union, full time or part time?Customer: The State is an at-will state and some employees are union and others are non-union.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Patrick, Esq.

Doctoral Degree

20,706 satisfied customers
Can an employer ban you from eating lunch in your car on

Can an employer ban you from eating lunch in your car on their property? this would be an unpaid lunch breakJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: this is CTJA: Is the employment agreement "at will," union, full time or part time?Customer: at will full timeJA: Anything else you want the lawyer to know before I connect you?Customer: yes they will not allow you to sit in your car at any time, paid breaks or unpaid. they are saying you have to leave the property to sit in your car

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John

Attorney

Doctoral Degree

9,666 satisfied customers
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