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 Lunch Breaks!!?
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 I want to leave my job straight away, what are my options?
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agentgirl1013
My boss is now requiring me to clock out on my 10 minute break if I leave the property...is this legal?
The issue is being the liability of being on company time but being off the property, are they responsible should something happen? But, I need to eat and there is no food here, so I use my 10 to go across the street to the deli...I should get paid.
Additional Details
Just to let eveyone know who says they don't HAVE to pay me: California employees covered by the rest period provisions of the Industrial Welfare Commission Wage Orders must be provided with a net 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period. If an employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at the employee's regular rate of pay for each workday that the rest period is not provided.

It's only them preventing me from leaving that I was worried about.



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mrrags1
Whether it's legal or not depends on the number of hours you work and how old you are and perhaps more importantly... whether or not your boss still pays you for those ten minutes.

By law, if you work 8 (or more) hours, you are entitled to two PAID 15-minute breaks and one 30-minute break (paid or unpaid depends on company policy but they are not required to pay for 30-minute break). I know of companies who have successfully been sued for NOT complying with the two PAID breaks section of the law.

I have an idea that the reason for having you clock out if you leave the premises is indeed that he/she likely thinks that he/she won't be resposible for any accidents and/or injuries you have while on break and off the work premises.

Call your local state Labor Board for clarification of employer liabilty for you off premises. Should be able to find them by calling the general number for your state's government offices.

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I am me.
the problem with leaving is that if something happens.... say you get in a car wreck, technically you could sue the company because you were on "work time" This is why they are making you clock out. If you don't leave then you don't have to clock out.

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Artis Ninja
Do you work at the deli?

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Angie
I don't see the problem with "clocking out" as long as you are still getting paid for that time. If everyone one else gets paid because they stay on premises and you don't get paid because you go across the street, then there is a problem there. If it is truly for insurance purposes and you still get paid, I don't see a big deal. You may have to stop to pick up something in the morning before you go to work so you don't have to leave during the day.

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Annie Fannie
Rating
It has to do with the plain and simple fact that you might not be back in time and they are doing it for their own good.
Not that I agree, either.
I can't handle unruly authoritative figures.

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ideratherbefishin
If you work 8 hours you are entitled to 2 fifteen minute breaks and 1 half hour break. If you work part time 4 hours or more then you are entitled to 1 fifteen minute break. If you work less than 4 hours you get nothing...pretty sure thats the law.
However, if you confront him he may fire you and then what?

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private
It is in your security, as well as theirs. They need to know who
is coming and going. In the event of a crime.
You would be able to prove, you were at work,
and not robbing a bank. At that time. You should get $. <}:-})

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whitneyh2002
I think it is legal because technically you are not "working" during that time. Sounds like it could take more than 10 minutes to to across the street and back so maybe they are also concerned about paying you for extended breaks. Maybe you could pack a snack and go across the street during your lunch hour instead.

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jdig
Rating
never heard of this
and doesnt sound right
but im no lawyer

but definitely news to me

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leysarob
You do have to be paid for the 10 minutes -- but they can require you to stay on property. Bring your food with you to work. Isn't that the easiest solution?

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stannas
Rating
The reason why you have to clock out when you leave even for short break is mainly if there is a fire they would know who's who inside the building.

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Don Drapers woman
By the way, if you are injured when you walk across the street to get food whether you have clocked out or not, you are not covered under workers compensation. Once you step off the premises for your food, you are not covered since getting food on break is not a job duty. So as others have indicated, you may want to bring some food to work.

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jgilbertdo
no not if it is break .. and off property

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luciousgreeneyedlady
check your state's labor laws

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Easterlily
Rating
Employers are not required to give paid breaks. It is possible that your employer could be held responsible should something happen to you on or off the property on company time. There are alot of contingencies here, but your wmployer probably feels this is safer for them. Unfortunately, I agree. I suggest you buy lunch on your way to work and refrigerate it, or brown bag your lunch.

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jasonjas
You should get paid for a 10 minute break... unless you leave the property.

Your boss is correct about them having to be liable if you leave the premises and so you have to clock out.

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Don&#39;t Blame me
When I worked at Charlotte Russe we had to clock out for our 10 min breaks but still got paid for any break less than 15 mins. If it is an issue try packing a lunch and bringing it in if your boss will not pay you for time you are gone.

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DoogieT
Rating
Clocking out if you leave the property is legal and most companies do this. Not paying you is wrong and you need to question this. Clocking out is for liability reasons, but you should still be paid. The only exception is lunch. But ten minute breaks are not lunch.

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michr
Rating
My boss is now requiring me to clock out on my 10 minute break if I leave the property...is this legal?
YES

during paid breaks your employer can make you stay on the premises since you are being paid.
if you want to leave then your employer is giving you the option of clocking out they do not have to give you that option.

you are making the choice to clock out not your employer.

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photentially
Rating
It's perfectly legal. You're on their time, and if they want you to clock out when you go get lunch then they have every right to do so. It's their company not yours.

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Joe Joe&#39;s Mama
Rating
no, you cannot leave the property while you are clocked in as the company would be responsible if something happened. the only time you can be on the clock and leave is if they are making you go somewhere for work related reasons.

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James
buy ur sandwich the day before and put it in the fridge, buy food anywhere before work.
because of insurance costs he is covering his but, thank the freeloaders and the million dollar lawsuits

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Pami
if you get a paid 10 minute break, yes you should get paid.

I worked for a place that made me clock out on mine if I left property, however, they fixed it during payroll so I would still get paid for it.

Ask your supervisor if something like that may be going on.

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