Is it legal for my employer to make me stay there on my 30 minute unpaid break?

Question

I am 16 years old. I don't know if that makes a difference or not, but all employees aren't allowed to leave on their breaks. I live and work in the state of Indiana.

Answer 1

dont think so

Answer 2

Yes, they can.

They can also fire you if you are 1 minute late getting back, even if they allowed you to leave.

Answer 3

Definitely illegal. The break is called a break for a reason. You can do whatever you like on a break. You live in the US, India, China, Canada, Dubai etc... and I will give you the same answer. My suggestion is that you tell your employer it is your RIGHT to leave the work place during break. If he refuse to let you leave or fires you because you left, seek legal advice from your family lawyer. You're 16 and I would not be surprised if your employer was taking advantage of you. Don't let him! Take control!

Answer 4

YES, infact they don;t have to give you a break at all.. if they are busy,m yes, they can make your work through your breaks, but they have to pay you for that time.

They don't have to allow you to leave the building on breaks.

some insurance policies don't allow hourly employees to leave the building, if you are in an accident and on the clock, the company can be held responsible, if you clock out they usually aren't. At our work, you clock out for your lunch but not breaks, breaks are on company time, there fore they can make your work, but if you work through lunch, you don't clock out, and there fore get paid ..for your lunch time.

Salaried employees are usually allowed to leave because they get paid if they are there or not, and there are different rules if you are on salary vs. hourly... Salaried employees often work unpaid over time.

Answer 5

States have there own laws, but I would guess that it is legal. It is in WI, at least.

Heck, I work for the State, and I'm not even allowed to stop WORKING during my "break"!

Answer 6

No, if the time is restricted then they have to pay you for it.  But if you leave and come back late, they can dock your pay or fire you.

Answer 7

no if you have to stay on the property they have to pay you.

to all those they point out that they dont have to give you a break are missing the point this is a wage and hour issue not really a break issue.  the rule is if they dont allow you to leave the property then it is not a break and  then they have to pay you for your break.

Answer 8

No, by us law and the Fair Labor STandard act, your employer is not even required to give you a break. Although it is strange that your employer does not let you leave. Ask your employer why he does not permit you to leave the premises. If he/she gives you an answer, state that that is against the law and is technically forced labor

Answer 9

In most jobs I've had and I've worked in many different states...

Unless you clock out after your unpaid break begins and clock back in before it ends you are not allowed to leave the workplace property.

In your case you are a minor and your employer has a personal responsibility for your safety and well being, so the boss might be trying to cover his proverbial backside legally.

Good luck

Answer 10

yes being 16 makes a difference it means you must be given a break, in many states adults are not required to be given breaks but minors must be given breaks in every state.

for Indiana Child Labor Info:

http://www.in.gov/dol/files/teen_labor_l...

for a break to be unpaid it must be uninterrupted and no work may be performed. in Indiana they can  make you stay on site (Indiana does not have laws regarding breaks for adults and simply follows federal guidelines for what breaks are paid and which are unpaid, federal law does not require breaks for adults). http://www.dol.gov/elaws/esa/flsa/hoursw...

for a break to be unpaid by federal law it must be more then 20 minutes in length, any break less then 20 minutes is work time and must be paid.

http://www.dol.gov/elaws/esa/flsa/hoursw...

many employers have minors clock in and out for breaks to prove they took the break but still pay the minor for the time.

are these breaks paid?

are they having you clock in and out so there is a record of the breaks?

do they distinguish between two short breaks or one 30 minute?

do they pay you for the breaks if you take two short breaks instead of the one 30 minute?

there are states such as California where this would be illegal but in Indiana and under federal law making you stay on site  is allowed.