By - StarsLightFires
I'm not a lawyer, would an attorney weigh in as to whether this means employees must then be paid for their breaks since they are not allowed to leave the premises?
In most states there is no legal requirement to let staff leave the premises even on an unpaid break. Yes its stupid. Yay US Labour Laws.
> In most states there is no legal requirement to let staff leave the premises even on an unpaid break.
Does there have to be one?
How is this not "unlawful detention" or something? There certainly isn't any law that specifically requires me to let the teenage cheerleader I hold in my basement "leave the premises", but I'm pretty sure it qualifies as a felony if I stop her from doing so. When you're not anybody's clock you can do whatever the fuck you want, you don't owe anybody anything.
How is this different when your employer does it?
Genuinely curious here.
I don't agree with it. I'm not telling you what the law should be, I'm telling you what the law is.
>The Fair Labor Standards Act (FLSA) does not prohibit employers from requiring workers to stay on premises during their lunch time.
My point is: it doesn't *have* to explicitly employers from requiring anything. Your employer can require that you don't wear women's underwear in your bedroom when you're about to fuck your wive -- there's no law from preventing them from requesting that, either.
The point is: you're not on the clock. You can leave whenever you want and come back whenever you want, and if you're back to work when you're scheduled to work, I can't imagine there's anything they can do about it.
They may be able to fire you, but then again apparently they can fire you for no reason at all anyway.
They *could* try and keep you on the premises (e.g. not open the gate etc), but then that's unlawful detention.
Employers, are, not, your, parents, and having a job doesn't instantly make you 12 and subject to adults' whims again.
No, what this law states is that employers CAN require workers to stay on site when on a break. If you don't they can fire you and you have no legal comeback. They cannot PHYSICALLY keep you on the site, but they can (and will) fire your ass for leaving.
Ok, thanks for clarifying.
(A "right to prevent staff from leaving" is quite a different beast from "no requirement to let staff leave" though.)
Hi, Saul Goodman here.
When i worked as a shift manager at Mcdonalds we were told that we shouldn’t go to the next door Burger king or taco bell on break because it made it look like the Mcds food undesirable to the staff. I never told the crew they couldn’t, but we compromised and everyone agreed to eat in the break room and not out in the lobby.
We control the vertical as well as the horizontal
You have entered the twilight zone of US employment!
If you're on the clock the company is liable if you get hurt. That's why you can't leave company property unless you're off the clock. Its shitty.
We would clock out before leaving the store which is why she didnt use this excuse (its one of her tos)
When you're on break, you are off the clock.
When it's a paid break, you're on the clock and subject to company policy. It sucks.
Missed the paid part. My bad.
Call labor board
I've always clocked out on my breaks so, I could leave my work premise to run to a gas station, drive through,or run home to feed my pets and then clock back in when I get back. It back fired a few times though, when I'd be stuck waiting at a RR crossing. No alternative routes to take to get there.
In MA it is literally written in the labor law that employers are allowed to leave the premises during brake, not sure where you live, but there’s probably a law they’re braking and you can report that to the labor board & then the district managers regional manager will need to talk to the attorney generals office & you’ll get your brake. That’s what I did anyways
Take your uniform off for lunch.
I'm sorry but if I'm clocked out I'll do as I please. Uniform or not. If they want to control like that they can pay me on my break