Is it legal for a store to make you clock out for a break but not allow you to leave?

quixoticalthoughts

So long as it is in the contract, it is legal.
This isn't a bad thing of course, because you need a manager to do a refund. If there are no other managers on duty, this sounds fair to me.
It isn't that it is a favorable position to be in, but it is fair business.

Blondie23

I have worked for two different restaurants and they both said that same thing. Because you are entitled to a 30 minute (or whatever yours is) break during your shift, you are technically still "on the clock" and must stay. I never understood that either, but thats what my managers said. This is in PA

bigbluetoo2

Yes they can Welcome to the south They get away with ever thing on the job sites I know I live down here S C

Speed merchant

It is if it's in the hiring contract she signed-if one. If not, then no.

george 2

if that's the one of the conditions of employment for her job description they yes, its legal

Classy Granny

Where I work you have to clock out for your breaks that they pay you for. It's because the break is suppose to be 20 minutes and people were staying gone up to a half hour. We can't leave

sectrix

State law varies. Federal law only says they must give you a 30 minute lunch hour for an eight hour shift. They are not required to give any other break (by federal law), but if they do, it must be paid.

Where I work, break periods are paid, lunch periods are not. You cannot leave during break, but you can during lunch. If you are asked to do any type of work during your break, you are entitled to another one.

Elliott M

if she is a manager or salaried employee yes it comes with the territory but you can check out on ASK.COM

mailaccount63

What does the CONTRACT say?

Yes, it is probably legal - especially if she is a manager - and a manager needs to be there to handle refunds and get change if needed.

She should be glad she has a job in this economy.

Plus Size Panther!

Some Lane Bryant stores do that to some of the managers. Glad I am only Part time.

nina p

wow they dont let you leave the premises haha never heard of that before i think thats wrong but dont know if its illegal

Sacha

That would be a question for your states department of employment and training. I am sure this is very illegal.

FoxForceFiveVega

No, that's not legal. If she's not on the clock then she has no obligations to stay in the building. It's her time then. Not the company. I live in GA too. And technically her giving refunds and change is working and she should be paid for that...I would not agree to this.

horse

i don't think so.

Eric T

If theres no one there and she's a manager then i dont think its against the law because she can have her break but if she's needed then she will be able to do something.

themrmike

it is not illegal to keep her in the store on break but it is unethical to have her working off the clock. there are ever increasing numbers of law suits being litigated concerning this matter. tmm

rebel-to-the-end

If she is not on the clock then she can do what she wants.

Gwen

Yea I'm pretty sure that's legal. Only in New York is it illegal (which is awesome).

Ariel

I'm not a lawyer but my understanding is that what you are entitled to is to be relieved of your duties for your break. What you do with it is your business. I work in a hospital. One of the nurses chose to exercise by running outside during her break and the hospital made an issue of it saying she couldn't leave. The way it turned out they had no say on whether or not she exercised on her break, indoors or outdoors. good luck.

ignant_slob

Yes, it's legal since she is a manager. If she was a regular employee then it wouldn't be.

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