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hello:i have a question that i would like to know the answer to:i work in state of tennessee and a server making 2.58 hour and get paid of hourly breaks:question is when i do clock out on a break and they are not paying me I am told that i cannot leave the building at all:when i question this to the manager he again told me i could not leave the building knowing i am not on the clock:then he came to me and told me that yes i could but had to clock out for an hour and could not return inside until the hour was up:i am getting docked another 30 min for just leaving the building on my lunch hour:is this legal to tell me i cannot leave the building and not on their clock and if it is not legal what can i do the next time im told this:thank you so much
Submitted: 8 years ago.Category: Employment Law
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6/15/2010
Employment Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Attorney & Mediator
Category: Employment Law
Satisfied Customers: 20,015
Experience: Attorney at law and Just Answer Legal Mentor
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1) How long are your breaks?

2) What is their reason for asking you to remain on the premises?

3) Do you work more than 6 hours?

Thanks
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Customer reply replied 8 years ago
my breaks are 30 min and paid breaks but i clock out on my breaks so they are not a paid break:
there is no reason that i am told to not leave the building on my break:when u was told that i could not leave:no reason given just told i could not leave:then manage went to another manager about it when i question him that i was not on the clock and why could i not leave the building:that is when he said i could but had to be clocked out for an hour and could not return back inside until the hour is up>so that is additional 30 min that i was docked for>i am not the only one the manager is telling this too;other employees as well.
yes on wed i work 11-8pm on thur:11-8 fri 9-4pm and sat 9-4pm and on my schedule days of which is sun,mon,tue he has been working me on my schedule sundays without asking me to work just schedule me.also there are times that i dont even get a break after workin at time 10-14 hrs and told that im paid for the 30 min break and they dont have to give me one:thank you
Customer reply replied 8 years ago
when i first ask to go out on my break i was asked where was i going and what was i going out for:i told them i didnt have to tell them this for i was off the clock this is when he said i could not leave the building:then later told i could but had to be off the clock for an hour and could not return back inside until my hour was up
Employment Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
Thank you for the clarification.

1) If you are asked to clock out and are not being paid, you are not required to remain on the premises, even if you are not doing anything "work-related". It is your time to do as you wish. You can contact the TN Department of Labor Standards which regulates the Tn labor laws. If they are asking you to stay on the premises, then you should be paid as you can considered yourself on the job site.

http://www.tn.gov/labor-wfd/faq_laws.html#whoenforces


2) Otherwise you would have to be paid if you are asked to stay on the premises, since your free time is being controlled.

3) In TN, non-meal breaks lasting 20 minutes or less have to be paid whether you are on the property or outside if the employer decides to offer you non-meal breaks. The employer is not required by law to provide any types of break other than meal breaks if you work more than 6 hours a day.

http://www.tn.gov/labor-wfd/title50-2-103.htm









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Customer reply replied 8 years ago
my last question is if i have a 30 min break as required off the clock and just because i go away from the building can they force me to take another 30min off the clock just because i do leave the building as well.as i was told:before when i clocked out on 30 min break this rule did not apply:not the rules have changed to if i take my 30 min off the clock and then leave the building they dock me another 30 min and i cannot return until the hour is up:i do understand the answer not to the question of leaving for i thought this was so as well:but dont think they can dock me another 30 min just because i do leave the building not in manual or by laws to such.
Employment Lawyer: Attorney & Mediator, Lawyer replied 8 years ago
1) is if i have a 30 min break as required off the clock and just because i go away from the building can they force me to take another 30min off the clock just because i do leave the building as well.

Yes, the can require this as the law does not prohibit this action. So long as you are told, they can do it. The state allows the private employer to set their own policies so they can ask you to take a one hour break, although they can't keep you on the premises if clocked out. There is no state law prohibiting this action from the employer.










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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “AttentionCustomerrdquo; Thank you.

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