Legal Question in Employment Law in Pennsylvania

Employee Break Policy

My wife works at a child daycare center. Recently the center management said that the employees have to stay inside the break room on their breaks. The employees are only allowed to leave the building once or twice a week during their breaks. The management said that it is because there needs to be enough staff in the building in case of an emergency. So the employees are basically on call and they do not get paid for their break. We have called the corporate human resources and were told that they would have to look into the policy. Is it legal to confine an employee to the building if they are not getting paid? We don't think it is right for an employee to have to stay in the building on break and not get paid for it. We are looking for an explanation.


Asked on 6/15/09, 3:15 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: Employee Break Policy

You make a compelling point. It seems as if an entire class of workers is being ripped off to the tune of one-half hour a day. (Viz: two fifteen minute breaks times 5 days a week times the number of employees in your Wife's circumstance = considerable damages.)

This has not been going on for long. If it does, please consider me when you engage an Attorney, because both state and federal labor laws may be being violated.

Good Luck.

TV

Read more
Answered on 6/15/09, 8:27 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Pennsylvania