i do not want meal time

according to what i have been reading us government does not require lunch breaks.......i have been working in an office for 3 years 8 hrs per day and work thru lunch at my desk.....the want me to punch out for lunch now for 1/2 hr......i work 8 to 4..i cannot work the extra 1/2 hr...can they do this

1 answer  |  asked Feb 25, 2005 11:06 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Your employer can require you to 'clock out' for lunch.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, in Pennsylvania, unless you have an employment contract or collective bargaining agreement, you are an 'employee at will' - that means that your employer can set the terms of your employment at their discretion, including your work times.

From the facts in your question, you appear to be currently working a 40-hour week (5 days from 8-4 each day); your employer is most likely requiring you to take the lunch time off so that you do not work a 1/2 hour of overtime each day. Without a contract, your employer has the right to limit your work hours in this manner.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Feb 28, 2005 07:30 AM [EST]

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