Lunch Time in New Jersey

[Leprechaun]

Hi hows it going i work at an ever so famous home improvement store.I work the night shift.And well it seems they make us punch out for lunch and keep us in the building.Now it wouldnt be a problem but a few times i was running late and couldnt pick up a lunch and im being told that if i leave the building i will not only set off the alarm i will be fired on the spot for doing so.Basically there telling me to punch out for lunch and i cant leave the building.Whats next they going to tell me i cant go no where when im at home on my time?

[elklaw]

I found no legal requirement that you be able to leave the building during lunch, or that you even had to be given a lunch break. Usually, when not spelled out, it is per the employer's guidelines. Sorry.

[Leprechaun]

Is it right for them to keep me inside the building on my own time?

[LConnell]

Yes, it is legal for them to prevent you from leaving the premises.

[fracas666]

Copied from New Jersey's Labor Law

12:56-5.2 Computation

(a) All the time the employee is required to be at his or her place of work or on duty shall be counted as hours worked.

(b) Nothing in this chapter requires an employer to pay an employee for hours the employee is not required to be at his or her place of work because of holidays, vacation, lunch hours, illness and similar reasons.

[Pattymd]

Come on fracas, this post was from 2005. Don't ya think the OP is probably long gone?

[fracas666]

The original poster is probably long gone. People still learn from reviewing old posts.

[cbg]

Nonetheless, I am politely asking you to please refrain from posting to threads that have been dormant, unless you have a QUESTION about the law being discussed or are the OP coming back with an update. There is a reason for this; it's not an arbitrary rule.

[ScottB]

Originally Posted by cbg

There is a reason for this; it's not an arbitrary rule.

Sometimes moderators close ancient posts.

[cbg]

Yes, but they try not to if it isn't necessary.

[ScottB]

Originally Posted by cbg

Yes, but they try not to if it isn't necessary.

I understand.

And this is one of the FAQ's that this board could address.

"Can the employer make me stay on the premises for lunch and not pay me?"

"Yes, so long as you have been completely relieved of all duties."

[fracas666]

The point that I was trying to make is that in NJ the employer can require you to stay in the building. That time has to be counted as hours worked. That is my interpretation of the above stated NJ Labor Law.

[cbg]

And the point I am trying to make is that we had already established that fact over a year ago.