If you clock out for your lunch "and off company time" can they make you stay at work and be on call for that hour, or can I leave and go of...

Question

If you clock out for your lunch "and off company time" can they make you stay at work and be on call for that hour, or can I leave and go off property for lunch. I am just Reg hourly employee not salary or contracted.

Answer

Generally, if your employer expects you to be on-call, you should be in paid status. Per the Wage and Hour Division:

"Meal Breaks

Bona-fide meal periods (typically 30 minutes or more) are not work time, and an employer does not have to pay for them. However, the employees MUST BE COMPLETELY RELIEVED FROM DUTY. When choosing to automatically deduct 30-minutes per shift, the employer must ensure that the employees are receiving the full meal break. See Regulations 29 CFR 785.19. " (Emphasis Added.)

Your "normal" recourse is to file an action with the Federal Wage and Hour Division of the Dept. of Labor. You can reach their Cinti. office at Phone: (513) 684-2908, 1-866-4-USWAGE

Please note that this should not be considered legal advice and that I am not currently accepting new clients.

Good luck!