Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

employee break/lunch restrictions

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • employee break/lunch restrictions

    is there anything against an employer who tells employees of the same department that they are not allowed to "congregate" during scheduled break and lunch times? i am a supervisor and i was told to inform my staff of 5 people that they are not allowed to be together during this times. no definitive reason was given other than "it is my business and if people don't like it they can leave". i am not aware of any laws against this but it seems to be discriminatory.

  • #2
    There is nothing illegal in doing this but why they would want to have such a rule I don't know. I see no illegal discrimination based on your post.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Those restrictions would be a violation of the National Labor Relations Act, hence illegal.
      Last edited by TheRed; 06-17-2008, 11:48 AM.

      Comment


      • #4
        Possibly. This has been discussed before on this forum or another forum & I have in my notes it was decided that the NLRA only makes it illegal to keep employees from congregating for certain protected activities.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          It also prohibits rules that would unduly restrict exercise of those rights.

          Since you've got the notes, you can dig out the cites.

          Comment


          • #6
            It's clear from a plain reading of the statute that such a restriction would violate the NLRA.

            Originally posted by NLRA §8
            (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer--
            (1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7...
            §7 rights are the infamous protected concerted activities, to whit, it would improperly interfere with 2 or more employees discussing work conditions.


            The NLRB and Courts agree with this well. Take Guardmark LLC. v. NLRB, for example.


            Betty- I'm still interested on the basis on which you formed your conclusion, and if you can send me a link to that discussion on the other forum.

            Comment


            • #7
              How about you guys have your discussion off line and then let us know what conclusions you draw, okay?
              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.

              Comment


              • #8
                Originally posted by melissa05301 View Post
                is there anything against an employer who tells employees of the same department that they are not allowed to "congregate" during scheduled break and lunch times? i am a supervisor and i was told to inform my staff of 5 people that they are not allowed to be together during this times. no definitive reason was given other than "it is my business and if people don't like it they can leave". i am not aware of any laws against this but it seems to be discriminatory.
                It isn't discriminatory, as it is being applied to all in the department. Is it just this department? Is there a reason this is being done? I can think of certain instances when there is a business justification for it. On its face, it isn't illegal. Depending upon the reason it is being done and the perhaps unintended consequence, it might be a potential violation of certain rights to engage in concerted activities.

                There has to be more to the story. I can't imagine the owner just woke up one day and decided, "ya know what? I think I'll ban this department from eating lunch together. Now where are my bunny slippers?"
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  I don't remember the forum (as I said in my 1st post) that this was discussed on but I had written down in my notes that it was decided that an employer could keep employees from congregating during lunch & it wouldn't be illegal unless the employer knew they were congregating for an activity protected by the NLRA. I'm not a HR person & was not in a union but I believed the info I posted was correct (whether or not it is) since it was in my notes or I wouldn't have posted it. Based just on what the OP posted, my info seemed to apply.

                  Elle gave good info where it may not be illegal.

                  That's all I have to say.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    ?

                    Originally posted by melissa05301 View Post
                    is there anything against an employer who tells employees of the same department that they are not allowed to "congregate" during scheduled break and lunch times? i am a supervisor and i was told to inform my staff of 5 people that they are not allowed to be together during this times. no definitive reason was given other than "it is my business and if people don't like it they can leave". i am not aware of any laws against this but it seems to be discriminatory.
                    They think you people have too much fun together..............

                    Comment

                    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                    Working...
                    X