not able to leave facility on a unpaid break
if your employer doesnot pay you for break can the employer stop you from leaving the facility for you 30minute unpaid break.
1 answer | asked Jan 15, 2009 8:24 PM [EST] | applies to Illinois
Answers (1)
Break Restrictions
As a general rule, break time is your time and your obligation is simply to be back at your work station, fit to continue, in a timely fashion.
There are numerous exceptions, too numerous to spell out. If you wear a uniform, the employer has a right to restrict the places that uniform is seen. If there is any chance of product contamination, the employer has a right to restrict your going into areas where there might be cross contamination. Perhaps under certain safety-related condidtions, the employer would be able to maintain an "on-premises" rule.
Moreover, if your employer is a government agency or municipality, the employer might have Homeland Security or anti-hostage reasons to restrict your movement on break.
In my experience, where an employer restricts movement on breaks, the employer usually provides an attractive alternative to off site locations, such as a cafeteria or a refreshment bodega.
Your question of general principle is almost impossible to answer in a way that gives you specific guidance for your case. For that you'd have to see a lawyer or union official at your locations.
If you want to add more specifics, I'll be glad to look back in here in a few days.
Good Luck.
Anthony B. Cameron
Quincy, IL
posted by Anthony Cameron | Jan 16, 2009 11:19 AM [EST]
As a general rule, break time is your time and your obligation is simply to be back at your work station, fit to continue, in a timely fashion.
There are numerous exceptions, too numerous to spell out. If you wear a uniform, the employer has a right to restrict the places that uniform is seen. If there is any chance of product contamination, the employer has a right to restrict your going into areas where there might be cross contamination. Perhaps under certain safety-related condidtions, the employer would be able to maintain an "on-premises" rule.
Moreover, if your employer is a government agency or municipality, the employer might have Homeland Security or anti-hostage reasons to restrict your movement on break.
In my experience, where an employer restricts movement on breaks, the employer usually provides an attractive alternative to off site locations, such as a cafeteria or a refreshment bodega.
Your question of general principle is almost impossible to answer in a way that gives you specific guidance for your case. For that you'd have to see a lawyer or union official at your locations.
If you want to add more specifics, I'll be glad to look back in here in a few days.
Good Luck.
Anthony B. Cameron
Quincy, IL
posted by Anthony Cameron | Jan 16, 2009 11:19 AM [EST]
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