Hi. My boss just implemented a new break rule. We are allowed to take a 1/2 hour break (for an 8 hour shift), but are not allowed to leave the building for our lunch break. We are not allowed to step out to pick up lunch if we don't bring one to work.

There is no cafeteria, nor any hot lunches offered for sale. I just wanted to find out if this is legal or if my boss is simply mistaken.

Our business works with children in state care and is a 24 hour facility, however, according to RI law, we must be offered a lunch break that allows us to not work during our break. Originally, the handbook stated that we were expected to eat lunch with the children and work during our lunch.

I'm not trying to cause trouble, I just don't think it's fair to make us stay at work when we have a break that is supposed to be ours.

Please let me know if you have any knowledge of this. Thanks.

- catinreno

In a VERY few states, requiring the employee to stay at the facility during their required meal period would be compensable. However, I don't think that your state is one of them. You can call the state Dept. of Labor to confirm.

However, under federal law, if you don't get at least a 20-minute uninterrupted meal break, the entire period must be paid. Are you still expected to eat your meal with the children? That would be work hours and would not be a "bona fide" meal period.
http://www.dlt.ri.gov/ls/faqs.htm#What%20it%20the%20law%20regarding%20lunch es%20and%20breaks?
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.19.htm

Of course, all this is assuming you are a nonexempt employee. What exactly do you do there? Are you a teacher? Are you paid on an hourly basis?

I'm the administrative worker and this rule is being applied to everyone. Both exempt and non-exempt employees (I'm a non-exempt) and to case workers and supervisors (who work directly with the children) and to administrative staff (who don't work directly with the children).

We have a kitchen area that people can take a lunch break away from the children, but we do not stop the children from coming up to the office (which they have to stay in the kitchen area when working with the supervisors for appointments and such). So the employees may eat lunch and be technically not on the job, but they still may have the children asking them questions or answering supervisor questions, which in my opinion, would mean they are still working.

I just called the DOL and she quickly told me this is perfectly legal, but I thought that a cafeteria must be provided in order to do so. The woman didn't give me the time to ask her any other questions, so I'm just not sure.

I just called the DOL and she quickly told me this is perfectly legal, but I thought that a cafeteria must be provided in order to do so. The woman didn't give me the time to ask her any other questions, so I'm just not sure.


Legal, yes. Having to have a cafeteria to do it? Not buying it.

As a nonexempt employee, you should go back and read the links I provided regarding bona-fide meal periods.