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Lunch Breaks Nebraska Nevada

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  • Lunch Breaks Nebraska Nevada

    if you are the only employee on site and un able to leave the premises for a lunch period but able to have phone coverage is that a legal lunch?
    Last edited by Katrina14; 11-15-2007, 12:08 PM. Reason: I'm in Nevada

  • #2
    If you are completely relieved of duty, then yes, it is a bona fide meal period that need not be paid. Is that what you're asking?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Lunch Break in Nevada

      I'm asking if it is legal to make an employee stay at the location for there lunch. I was under the impression that our lunch breaks were our time and we should be allowed to leave the premises if we wanted to.

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      • #4
        I am only aware of one or two states that prohibit an employer from requiring the employee to stay on the premises and Nevada is not one of them.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by Katrina14 View Post
          I'm asking if it is legal to make an employee stay at the location for there lunch. I was under the impression that our lunch breaks were our time and we should be allowed to leave the premises if we wanted to.
          You do not HAVE to be allowed to leave the premises (with a few states, like Massachusetts, being exceptions), even if you are on an unpaid lunch break.

          However, if you don't have at least 20 minutes uninterrupted by work, then you get paid for the time.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            I'm not even certain that MA has that requirement, and MA is my state. Although I've never worked anywhere that tried to prohibit it so maybe it never came up.

            I'm reasonably sure New Jersey has such a law.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Federal rules (see below) specifically say that employees do not have to be allowed to leave the premises during lunch. State law can overrule this, but it is not automatic.


              29 CFR 785.19 - Meal
              (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.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                I don't have anything on Ma. one way or the other re staying on/leaving premises.

                Regarding N.J. I don't have a law/statute but just have in my notes that in N.J. you can be told to stay on the premises (they don't have to let you leave premises) but if you are required to stay, you have to be paid for the time even if you are freed of all duties.

                I just thought I would throw my 2 cents in though I don't really know what is correct since I have no statute for either Ma or NJ re leaving premises during lunch breaks.
                Last edited by Betty3; 11-15-2007, 04:33 PM.
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