Hi,

Does anyone know what the law is regarding working off the clock in NH? We are required to punch out for lunch but we are told to remain on the property if there are only two employees in the facility at the time. Company policy states that we need to have two employees in the building at all times. During the week, more than two employees scheduled at the same time rarely happens, so more often than not, employees are bound to remain in the facility when off the clock. Is this legal?

Also, this company requires hourly management to be available for work issues during lunch. There are some functions that require a manager's key. Other issues come up as well. So, the net result is that in a 9 hour shift, the only break time an hourly manager gets is frequently interrupted by work issues.

Does NH law allow us any recourse?

Thanks.

To my knowledge, NH law does not prohibit the employer from requiring employees to stay on the premises during a meal period and that, in and of itself, does not require the meal period be paid.

However, if you don't get at least 30 uninterrupted minutes, the time must be paid.

Is there a law concerning a lunch period?

An employer cannot require that an employee work more than five consecutive hours without granting a thirty minute lunch or eating period. If the employer cannot allow thirty minutes the employee must be paid if they are eating and working at the same time. (RSA 275:30-A)

http://www.labor.state.nh.us/worker_faq.asp#3