Pease Help! this is about my job!!?
ok ive been working at this resturant for about 4years now, im the assistant manager. my boss has gone on this power trip and is now not letting anyone but him, and his son who is also a manager, bring a cell phone in the building. which is fine, every employee has to take at least a 30 min. break a day, now he is sayin that no one can leave the rest. on there break, and cant walk out side, or use there cell phone or there fired. i live in south carolina, and some people say that hes alowed to do this b/c we r a right to hire right to fire state? so i was just wondering if he can. i mean we arnt getting paid for those 30mins...shouldnt we be able to use are cell phones?
- alcan52Lv 51 decade agoFavorite Answer
Sadly your boss is correct. State law does apply but its based upon the Code of ederal Regulations. Here is a copy of the actual code as it is written. You have to understand that these laws are written by "Pin Striped Bandits" not the working man. They are not in favor of the worker. Never think they are. However it does say "It is not necessary that
an employee be permitted to leave the PREMISES" You may have a valid point on that. According to the language of the law you cant leave the PREMISES. Check with wage and hour division of your state labor department.
29 CFR 785.19 - Meal.
Section Number: 785.19
Section Name: Meal.
(a) Bona fide meal periods. Bona fide meal periods are not worktime.
fide meal periods do not include coffee breaks or time for snacks. These
are rest periods. The employee must be completely relieved from duty for
the purposes of eating regular meals. Ordinarily 30 minutes or more is
long enough for a bona fide meal period. A shorter period may be long
enough under special conditions. The employee is not relieved if he is
required to perform any duties, whether active or inactive, while
eating. For example, an office employee who is required to eat at his
desk or a factory worker who is required to be at his machine is working
while eating. (Culkin v. Glenn L. Martin, Nebraska Co., 97 F. Supp. 661
(D. Neb. 1951), aff'd 197 F. 2d 981 (C.A. 8, 1952), cert. denied 344
U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 F. Supp. 213 (E.D.
Mich 1950), aff'd 194 F. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy
Corp., 183 F. 2d 515 (C. A. 9, 1950), 187 F. 2d 447 (C.A. 9, 1951);
Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor
Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke
Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942);
aff'd 136 F. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943);
Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases
38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 F. Supp. 29, 13 W.H.
Cases (E.D. Pa. 1956))
(b) Where no permission to leave premises. It is not necessary that
an employee be permitted to leave the premises if he is otherwise
completely freed from duties during the meal period.