Break restrictions

[robbob]

What is the name of your state?MA
Recently my employer instructed me that I am no longer allowed to leave the building while on my half hour lunch break. While on this break, I am punched out and not being paid by the company.
I am a third shift computer operator and my employer states this is a critical job, therefore I am not allowed to leave. The building has a cafeteria, but it is closed during my hours of work. I am also required to carry a company cell phone while on break, and am expected to end my break when needed, and can continue my "break" when the call is taken care of. Is this legal?
One more thing, what is the definition of workplace? My employer defines it as the department I work in, therefore when I leave the department, they are allowing me to leave my "workplace" for break.

 

[coosi]

Does this help?

Does an employee have to take a lunch time either paid or unpaid? Is the employer covered as long as it is offered?

The following is from Your Rights on the Job, 4th ed, Labor Guild of Boston, 2000, p.30-31:

"BREAKS AND OTHER WORKING CONDITIONS

"The laws described in this section apply to private workplaces. Unless indicated otherwise, they are enforced by the Attorney General.

"Meal Breaks

"The Massachusetts Meal Break Law (MGL c.149 sec. 100 at http://www.state.ma.us/legis/laws/mgl/149-100.htm) requires a 30-minute unpaid meal break on any shift that lasts more than six hours. Violation is a criminal offense.

"During the meal break, workers must be relieved of all duties and responsibilities. An employer who instructs an employee to attend a meeting, answer telephone calls, or keep watch during the meal period violates the law unless the employee is given a separate 30-minute meal break.

"On some shifts a worker is entitled to two meal breaks. For example; If you start work at 8 in the morning, take a lunch break from 11;30 to 12, and work beyond 6 that evening, you must be allowed a second 30-minute break. No person may be required to work more than six continuous hours without a meal break.

"Iron, glass, print, bleach, dye, paper, and letterpress establishments are exempt from the meal break law. Further exemptions may be granted by the Attorney General.

"NOTE: The law does not prohibit an employee from freely volunteering to work through the meal break as long as the time is compensated. A union may negotiate this practice into a labor agreement.

"Hot food. Industrial establishments with over 100 employees must sell hot food or provide equipment such as a microwave oven for heating meals.

"Rest breaks. Massachusetts does not require employers to provide rest breaks. (Compare to California, Colorado, Kentucky, Nevada, Oregon, and Washington which enforce 10-minute rest periods every four hours.)"

(b) Employees working in funeral homes, doctors' offices and other places of business, whether for profit or non-profit, which in the normal course of operations require the employee to be on duty or on call at the work site to attend to emergencies must be paid the basic minimum wage rate for every hour for which they are on duty or on call, except that employees who are on duty or on call at the work site at night and are provided sleeping quarters shall be paid the basic minimum wage for not less than four hours per night. The employer shall make no deductions for sleeping quarters provided. For purposes of this provision, "night" shall mean 10:00 P.M. to 6:00 A.M.


Statewide Legal Reference Service: Previously funded by the Massachusetts Board of Library Commissioners. Last Modified February 21, 2003.

 

[robbob]

Thank you for the prompt reply. I found that information on the web already and presented it to my boss. He didn't seem to care. Next week we have a meeting scheduled and I have to sign a paper stating that I am not to leave the property while on break. Everything I've found so far on the subject supports the fact that it's against the law. However, I was wondering if there is a loophole in it somewhere, because my employers are so adamant about it.

 

[cbg]

Massachusetts does allow for certain exemptions to the break law and if you are a third shift operator it's possible that you are one of them. You can contact the Attorney General's office (which functions as the DOL in this state) for further clarification.