Can a boss or supervisor force you to do your normal work on your breaktime?

Question

I work a 8 hour workday, I live in California and work for a temp agency...My co-worker who shares the customer service position with me is out on medical leave, leaving just myself in this position. My boss sent me an email last week basically telling me that if I have any faxing or copying I need to do for my job here, I needed to wait to do it on my break. Also, if I have to use the restroom, I have to wait until someone can come watch the phone for me, as we are not supposed to put the phone on "not ready" in order to use the restroom. She also stated I was pretty much bound to my desk, only getting up to retreive something off the printer or go on break or lunch as long as someone is covering me. She stated in the email its "policy" not to put the phone on "not ready" even though this is the first I have heard of it nor is it in writing. I am allowed two 10 minute breaks per day and a half hour lunch....Is she legally allowed to put that stipulation on me?

Answer 1

If you are being paid for your lunch break then your employer can make whatever stipulations they want. If you do not like it I suggest you find employment elsewhere.

If you are not paid for your lunch break then you need to inform your boss that you expect to be paid overtime for time spent on your breaks doing work.

As for the people who claim that you are entitled to breaks, read here: http://www.dol.gov/dol/topic/workhours/b...

And here is information from the State of California which seems to imply that as long as you are compensated and that it is mutually agreed upon (as in "you didn't say no") they can "make" you work through lunch: http://www.dir.ca.gov/dlse/FAQ_MealPerio...

Answer 2

federal guidelines require that a 30 minute lunchtime and two 15 minute breaks be given for every 8 hours worked.  This applies to both salaried and hourly employees.  Your supervisor can force you to work during those breaks, and you can force your employer to appear in court to address the lawsuit you should file against them if they do not compensate you when you file a complaint with the human resource mananger.  

Answer 3

If its 'policy' then I would suggest asking for a copy of the policy manual.  AND if you are working for a temporary agency, YOU MUST NOTIFY THEM IMMEDIATELY.  They are your agents and they will do the negotiating for you.  If this isn't legal, they will know it!

Answer 4

its the law if you work in CA to get a 15 minute break per every 4 hrs you work AND a 30 min lunch break.  Whether your being paid or not an employer cannot work you for 8 hrs without your 30 minute lunch break.  You can visit the labor board of CA website for additional details.

I suggest taking you lunch break offsite to avoid bein asked to work another thing is if you have to use the restroom you are entitiled to, unless your going every hr on the hr but something reasonable...

If she is still insisting making you work on breaks/lunch contact your HR dept and ask them the guidelines for such conditions.  If you don't want to target your boss just be general when asking HR for clarification.  If they have anything in writing request such info be mailed to your home address etc ...

BUT THE BOTTOM LINE ITS THE CA LAW YOU GET A 30 MIN LUNCH AND 2 15 MIN BREAKS IF YOU WORK A FULL 8 HRS.

Answer 5

honey talk to a lawyer