I have recently been told by my employer that even if i choose to work without taking a 30 minute lunch i would still have to punch out for 30 mins. because its mandated by the state! I asked whether it was mandated that i actually take a break for 30 min. or if it was just mandated i clock out for 30 min. i was told i just had to clock out whether i take it or not... without any verification i did what i was requested to do & for several months i have been clocking out for 30 min each day although I continue to work for this 30min. We recently got a new manager a week ago & she has now stated I HAVE TO TAKE THE 30 MINUTES EVEN IF I DO NOT WANT TO. SHE STATES ITS A LAW THAT I MUST TAKE 30 MINUTES LUNCH... I explained to her I've been doing this for months why is it suddenly an issue? she replied stating "because it is"... Is it a law i take this break even if i do not want to? is it mandatory i clock out for lunch even if i choose to continue working?
I came across another forum which stated: According to the office of Attorney General Tom Reilly, the 30-minute break mandated by the Massachusetts lunch and break laws is the employee’s free time, to be used in any way that the employee chooses. Massachusetts law requires that employees receive a 30- minute break after six hours of working. An employee must be free to leave the workplace during the break. This requirement applies to workers of all ages, minors as well as adults. The break may be unpaid, as long as the employee is entirely free of work duties”. Under the Massachusetts lunch and break laws, an employee may voluntarily give up their meal break, but he or she must be paid for all hours worked.
Submitted by JustLa on Mon, 06/27/2011 - 11:57
Meal break
Not sure I follow your question, but here goes. While Massachusetts law allows you to work though your required meal break if you so desire, other, very strict MA laws require your employer to pay you for all time actually worked. So it brings up two issues: (1) Your employer may not want to pay you for an extra half hour. (2) You, or some other employee, may then feel entitled to leave a half hour early, because you skipped the meal break. Your employer may, for coverage or other reasons, not want you to leave early. I believe your employer can enforce the mandatory break.