Isn’t it my choice when to go to lunch?

Is it illegal for our employer to dictate what time we can go to lunch?

Posted 03-04-2014

Steve Duggan replies:

No, it’s not. So long as the employer is otherwise in compliance with state and federal laws concerning breaks and lunch periods, the employer can set the time to go. If the employee does not go at the required time, the employer still has to pay her for the time she worked and ensure she has the full time for lunch required by law, but can discipline her for not following the rules. Like most things at work, that decision is not up to the employee.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.