Being Forced to Clock out for BREAK!

[aimee03]

What is the name of your state?California

Hi. I'm new here, and I have a quick question. My employer is forcing all employees clock out for breaks. Can they do that?? My main cocern in the safety legalities, the reason for this is because a co-worker twisted her ankle coming back in from a break and she is having a hard time with my employer offering work comp medical help due to her ankele being swollen because my employer is saying her injury does not qualify as "work comp" because she was "off the clock". So, can my employer force me to clock out even though they are NOT deducting the pay?? Also, how protected am I incase of injury while off the clock for breaks but getting paid for them??

Thank you.
Aimee

 

[Beth3]

Yes, they can require employees to clock out for break times even if the time is paid. There may be system requirements in their labor reporting or related matters that makes this necessary. An employee is still covered under worker's comp however, even if clocked out on a breaktime as the employee is still acting within the scope of their job.

If the employer has refused to file a WC claim with their carrier for this co-worker with the twisted ankle, she should contact your State's Worker's Compensation Division and file a complaint. The employer's refusal to file a claim (if that's what's happened) is absurd. Whether the WC carrier will accept liability is unknown (it depends entirely on how the accident happened and your State's WC reg's) but they still have to file the claim if the employee asserts he or she feels it's work related..

 

[SuzieWahoozie]

Answer

Whether you clock in or out for breaks is irrelevant for WC purposes. In fact, there are many employees, like executives and other exempt/salaried staff that many times are not asked by the companies they work for to record the time they work at all.

WC is for injuries incurred while actively engaged in productive work that directly benefits the employer. Eating lunch, taking a break, going potty, or smoking a cigarette, etc. are not activities that WC would cover. As you can see, none of those activities directly benefits the employer.

Whether or not you are paid for the time is irrelevant. It's what you do while you are being paid that matters.

 

[Beth3]

WC is for injuries incurred while actively engaged in productive work that directly benefits the employer. Eating lunch, taking a break, going potty, or smoking a cigarette, etc. are not activities that WC would cover. Suz, that depends entirely on each State's WC regulations. In mine and quite a few others, incidental falls on company property (for example), even if before or after the employee's shift or during break time, are covered by worker's comp. Choking on a sandwich while eating lunch is not within the scope of an employee's work duties but walking to and from the building on break, or reporting to work/leaving work are. Same goes for a slip and fall in the bathroom.

 

[aimee03]

Thanks everyone for your input..I have another question that I hope you guys can help me with as well....At my workplace there is no "lunch room" or eating area and we are not allowed to have food at our desk...are they allowed to do that?? Thanks everyone!!

 

[Beth3]

Yes, they are allowed to do that. Some States require that a breakroom be provided for any minors that are employed but that's it.