Are employers allowed to say you can't go outside on your breaks?
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Are employers allowed to say you can't go outside on your breaks?
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In KY, employers are required to allow a 10 minute break for each 4 hours worked. Are they allowed to say you can't go outside or leave the building during those breaks? I feel like, since it's a paid break, they are able to do this, but I'm trying to find something that says so one way or another.
I've already looked at the KY Labor site, can't find anything that pertains to leaving the building (other than during unpaid lunch periods). Does anyone have some valid information (not an opinion...I want something to back it up). Additional Details Please, if you are able to give me validation, that would be wonderful. Something like...is there a statute? Something in the Labor Laws? Is it written somewhere? I need something to back up a "yes" or "no" answer - if they are NOT allowed to do this, it needs to be able to be proven.
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michr
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Kentucky law does not address the specific issue you are asking about but the definition of what is "work hours" does.
http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
as others have answered the employer can keep employees on site during a paid break because it is work hours.
Kentucky law does not even mandate that during the meal period (which can be unpaid) that the employee be allowed to leave the premises.
http://www.lrc.state.ky.us/KRS/337-00/CHAPTER.HTM
federal law does not require leaving the employers premises to be considered when determining if the meal period is bona fide.. federal law only stipulates that a bona fide meal period be at least 30 minutes and uninterrupted by work.
http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
some states such as California require that when a break is unpaid the employee must be allowed to leave however......
most states just follow federal guidelines. |
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Bearwithme
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If you are being paid for this time, yes, they can require you to remain on the work site. This may be a safety issue and/or an issue where they they can monitor your presence. Their insurance may also set the terms of this policy. Check your OSHA laws regarding this policy. They should have a workers rights poster on display. This poster must be visibly displayed in a common use area or break room. |
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rwa000
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breaks of less than 20 minutes are paid by the employer, therefore they can tell you what you can and cannot do during them, including leaving the building |
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Bub
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Actually, if you are paid for your breaks they may ask you to stand on your head, it is their time even though it is your break. An unpaid break or lunch is a different animal. Maybe you should unionize and they can help you get some fair treatment? Peace. |
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Almond
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yes, by law employers are not required to give breaks other than lunch. |
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Abby
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No they cannot. That break is required for your personal well-being. If that means going outside, sitting in your car, or running to the gas station, that is your business. |
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a clark
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I have been going through the same thing I am looking for the laws myself but from what I understand they r not to do this it is taking your right away. At the job I was at I was not alowed to smoke or go outside or leave the work sight or use my cell phone we are americans and we have are rights anf freedoms at least I thought I only got. One 20 minite break in a eight hour day. As employers we got to work togehter to make a better work place |
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