Please sir... I'd like some lunch
February 20, 2009 7:53 AM Subscribe
Is it legal for my employer to require us to stay through lunch when they deem necessary if they provide food?
We work in North Carolina and are full time salaried + commission, and occasionally our employer tells us we are required to work through lunch because they feel its necessary. They always provide food for us but we don't have any say in what is provided (its usually pizza). This happens 3-4 times a month minimum with very little notice. We already work from 8:30am to 6pm so losing our hour lunch break is a huge problem. I love my job and my company but I don't think it's fair to email us one morning that we can't leave for lunch that day.
Life's not fair, but is this practice legal?
We work in North Carolina and are full time salaried + commission, and occasionally our employer tells us we are required to work through lunch because they feel its necessary. They always provide food for us but we don't have any say in what is provided (its usually pizza). This happens 3-4 times a month minimum with very little notice. We already work from 8:30am to 6pm so losing our hour lunch break is a huge problem. I love my job and my company but I don't think it's fair to email us one morning that we can't leave for lunch that day.
Life's not fair, but is this practice legal?
In the future, if someone is wondering if their employer is required to allow them to take a lunch break, this is a good resource: Minimum Length of Meal Period Required Under State Law For Adult Employees in Private Sector.
posted by ND¢ at 8:17 AM on February 20, 2009 [2 favorites]
posted by ND¢ at 8:17 AM on February 20, 2009 [2 favorites]
Given that you're salaried, unless there is something in your contract saying otherwise, or you're an exempt employee who should actually be non-exempt, or you work in certain very specific jobs--there are very few restrictions on how many hours employers can make you work. I could only see it being potentially illegal if there's some kind of medical or religious or whatever reason that you must take an hour off at lunchtime.
posted by phoenixy at 8:18 AM on February 20, 2009
posted by phoenixy at 8:18 AM on February 20, 2009
Be happy they provide food.
Jesus Christ.
Here is a link regarding federal law, but the answer does appear to be, unfortunately, that your state is not going to be of any help on this.
You're not a member of a union, are you? Also, even though you're salaried, does the company have any kind of overtime/comp time policy? Because on these days you are working nine hours, not eight.
posted by drjimmy11 at 8:46 AM on February 20, 2009
Jesus Christ.
Here is a link regarding federal law, but the answer does appear to be, unfortunately, that your state is not going to be of any help on this.
You're not a member of a union, are you? Also, even though you're salaried, does the company have any kind of overtime/comp time policy? Because on these days you are working nine hours, not eight.
posted by drjimmy11 at 8:46 AM on February 20, 2009
Jesus Christ.
Why that reaction? My point is that huge numbers of salaried employees in the United States work more than 40 hours a week without a one hour "lunch break" and without their employer providing food. I eat at my desk at least three or four times a week and average 50 hours. I do not expect my employer to provide me, or the hundreds like me, with a meal. Hence: "Be happy they provide food."
posted by pardonyou? at 8:49 AM on February 20, 2009 [3 favorites]
Why that reaction? My point is that huge numbers of salaried employees in the United States work more than 40 hours a week without a one hour "lunch break" and without their employer providing food. I eat at my desk at least three or four times a week and average 50 hours. I do not expect my employer to provide me, or the hundreds like me, with a meal. Hence: "Be happy they provide food."
posted by pardonyou? at 8:49 AM on February 20, 2009 [3 favorites]
The concensus is going to be, "yes they can," so I'll move on to suggestions to alleviate other inconveniences:
Ask your bosses to schedule these meetings a bit further in advance, if possible. Explain politely that you had made lunch plans with a friend/client/family last time it happened, and you were embarassed to have to cancel at the last moment. The "spring it on you in the morning" thing seems a bit excessive.
Ask your bosses to offer better food for lunch. Unless the pizza is exceptionally nice pizza from a premium restaurant, you're probably going to feel gross, greasy, and undernourished. How about something more healthy? At least order a side salad with the pizza, if pizza has to be the food ordered?
Talk (discreetly) to your colleagues and see if they have any other suggestions, and have each employee offer one to the boss. Make it clear that you guys don't mind missing the occasional lunch, and you love helping the company, but it's the way it's being done is what's upsetting you. I've had company lunches before, and when they're good food, they're usually pretty nice because it's at least a change of routine, plus free, tasty food.
posted by explosion at 8:51 AM on February 20, 2009 [1 favorite]
Ask your bosses to schedule these meetings a bit further in advance, if possible. Explain politely that you had made lunch plans with a friend/client/family last time it happened, and you were embarassed to have to cancel at the last moment. The "spring it on you in the morning" thing seems a bit excessive.
Ask your bosses to offer better food for lunch. Unless the pizza is exceptionally nice pizza from a premium restaurant, you're probably going to feel gross, greasy, and undernourished. How about something more healthy? At least order a side salad with the pizza, if pizza has to be the food ordered?
Talk (discreetly) to your colleagues and see if they have any other suggestions, and have each employee offer one to the boss. Make it clear that you guys don't mind missing the occasional lunch, and you love helping the company, but it's the way it's being done is what's upsetting you. I've had company lunches before, and when they're good food, they're usually pretty nice because it's at least a change of routine, plus free, tasty food.
posted by explosion at 8:51 AM on February 20, 2009 [1 favorite]
Mod note: few comments removed - this is a basic legal question not a "should I ask for better meals" question.
posted by jessamyn (staff) at 9:27 AM on February 20, 2009
posted by jessamyn (staff) at 9:27 AM on February 20, 2009
IANYL
Looks like it is legal in NC, but I have no idea. That doesn't mean you shouldn't strive for more notice, or a 1/2 hour personal break when you work through lunch. Those seem like reasonable requests.
posted by jabberjaw at 9:31 AM on February 20, 2009
Looks like it is legal in NC, but I have no idea. That doesn't mean you shouldn't strive for more notice, or a 1/2 hour personal break when you work through lunch. Those seem like reasonable requests.
posted by jabberjaw at 9:31 AM on February 20, 2009
Always keep in mind that NC is an "at-will" state. This doesn't mean that there aren't wrongful termination claims to be made, but I would tread lightly around this particular concern.
posted by solipsophistocracy at 10:39 AM on February 20, 2009
posted by solipsophistocracy at 10:39 AM on February 20, 2009
IANAL
A lot of people will point out that because you are salaried, that means your employer can allow you to work through lunch; you do not necessarily get a lunch break. What people do not pay attention to however, are the rules and regulations regarding what work duties are under the umbrella of "salaried." To be considered salaried is more than just getting a flat rate on your paycheck every week. There are certain job titles, and duties where people are monetarily considered salaried, but their job duties deem them to be non-exempt by way of the law.
If the Wage and hour website on the DOL website as working, i would point you in that direction, but alas, i am at the mercy of the internet.
posted by wocka wocka wocka at 10:46 AM on February 20, 2009
A lot of people will point out that because you are salaried, that means your employer can allow you to work through lunch; you do not necessarily get a lunch break. What people do not pay attention to however, are the rules and regulations regarding what work duties are under the umbrella of "salaried." To be considered salaried is more than just getting a flat rate on your paycheck every week. There are certain job titles, and duties where people are monetarily considered salaried, but their job duties deem them to be non-exempt by way of the law.
If the Wage and hour website on the DOL website as working, i would point you in that direction, but alas, i am at the mercy of the internet.
posted by wocka wocka wocka at 10:46 AM on February 20, 2009
w00t! Finally!
Here is a powerpoint presentation from the DOL website from the Wage and Hour department. It goes over the various exemptions and can help you determine if you are actually classified correctly or not based on the work you perform.
I hope this helps.
posted by wocka wocka wocka at 12:49 PM on February 20, 2009
Here is a powerpoint presentation from the DOL website from the Wage and Hour department. It goes over the various exemptions and can help you determine if you are actually classified correctly or not based on the work you perform.
I hope this helps.
posted by wocka wocka wocka at 12:49 PM on February 20, 2009
A lot of people will point out that because you are salaried, that means your employer can allow you to work through lunch
It's really simpler that that. With few exceptions, the question "can my employer make it a condition of my employment that I *BLANK*" the answer is YES, they can. While not all states are right to work states, the majority are, and most of the employees in this country have to live with the fact that if their employer decides they're going to fire the next five people who come to work in red shirts, they can. There are some protected classes - some on the Federal level, sometimes a few more at the State level - but the most arbitrary of things are often at their discretion.
Pre-warned with that fact, if you Google "department of labor *name of your state*" it's likely the top hit will be your state's DOL site. The five I just spot-checked all had quick links to information on your rights.
It may be little consolation, but in fact they cannot force you to work through lunch; you're not a slave, you can get up and leave. They can require you to work through lunch if you don't want to get fired, and the result is that in the long run they're going to end up with employees who are willing to be treated that way. You have to decide if you've got other options and, if you do, if you're willing to be one of them.
posted by phearlez at 1:04 PM on February 20, 2009
It's really simpler that that. With few exceptions, the question "can my employer make it a condition of my employment that I *BLANK*" the answer is YES, they can. While not all states are right to work states, the majority are, and most of the employees in this country have to live with the fact that if their employer decides they're going to fire the next five people who come to work in red shirts, they can. There are some protected classes - some on the Federal level, sometimes a few more at the State level - but the most arbitrary of things are often at their discretion.
Pre-warned with that fact, if you Google "department of labor *name of your state*" it's likely the top hit will be your state's DOL site. The five I just spot-checked all had quick links to information on your rights.
It may be little consolation, but in fact they cannot force you to work through lunch; you're not a slave, you can get up and leave. They can require you to work through lunch if you don't want to get fired, and the result is that in the long run they're going to end up with employees who are willing to be treated that way. You have to decide if you've got other options and, if you do, if you're willing to be one of them.
posted by phearlez at 1:04 PM on February 20, 2009
I work thru lunches all the time. I am a per hour wage worker, in NC.
During last week's rush period (I work for a florist) our boss brought in tons of food but again, I had to "graze" on the clock as there was no time to take a break.
Yes, it is legal. In my case other perks more than make up for the working-thru-lunch thing, but I totally understand why this is not making you happy.
posted by St. Alia of the Bunnies at 2:34 PM on February 20, 2009
During last week's rush period (I work for a florist) our boss brought in tons of food but again, I had to "graze" on the clock as there was no time to take a break.
Yes, it is legal. In my case other perks more than make up for the working-thru-lunch thing, but I totally understand why this is not making you happy.
posted by St. Alia of the Bunnies at 2:34 PM on February 20, 2009
This thread is closed to new comments.
posted by desjardins at 8:01 AM on February 20, 2009