lunch break ; is it my time or not

[nkglag]

I work for a municipality .recently a memo eas posted on bulletin board that read safety meeting/cookout to be held on certain date. it also said from 11.oclock til 12oclock and that everyone must attend . i have been in the habit of going home for my 1 hour "unpaid "lunch break for the past 14 years .During this "cookout " there never was any safety meeting held .Is my time really my time or not? Are there any laws out there to protect employees from intimidating and forceful supervisors who "must"have their way .I always thought that if i wasnt getting paid ,then i must be on my own time and was free to take lunch wherever i wanted.Please help !

 

[cbg]

If your employer schedules a mandatory meeting of any kind during your lunch break, then you must attend or risk being fired. It is up to your employer to decide what hours you work. It is also up to your employer to decide when, or if, you take your lunch break. The fact that you have previously been allowed to decide it for yourself does not make it illegal for your employer to have other ideas.

IF you are a non-exempt employee and the meeting is mandatory, you must be paid for it. But there are no laws guaranteeing that this time will always be "your" time. There is no law giving you the right to take the time whenever you want or guaranteeing that you can leave the premises during the time.

I may have more information for you (that you may like better) but you will have to indicate your state before I can.

 

[nkglag]

I believe i am a non exempt employee .Ive heard that term used to describe the city employees in the past . Really what is going on here is political . Some city council positions are up for grabs . ,and my supervisor is trying to impress certain other council members to enforce his position as supervisor. If things go bad for him he might not get reappointed by the mayor.!As i stated previously there really wasnt ever a safety meeting held. We didnt watch the safety film or discuss anything at all .We didnt even sign the roll to verify our attendance at this so called 'meeting;! I have filed a grievance today and through the 'grapevine ' i already know that i will go to arbitration . Are there not any kind of labor laws that guarantee a certain amount of rest or break time during an 8 hour working period? If so, is this time considered my time? Or to state this another way ,If the entire city has a policy in place that guarantees an hour for lunch ,can a superintendant "at a whim' change my lunch time and impose a safety meeting on what should be considered break time or lunch . Since im not being paid for this time ,How can it possibly not!!! be my own to spend as i see fit!

 

[cbg]

Exempt and non-exempt are determined by your job duties, not by who you work for.

And you didn't tell me your state. I can't answer your new questions without it since breaks are determined by state law, not Federal law.

 

[nkglag]

Im sorry ! I misunderstood what you meant by state . I live and work in Alabama . I hope that is not bad .Ive heard that the south is tough when it comes to labor law . As far as what i do for a living goes: I operate heavy equipment and am employed by a city to do so . It is a classified position and i am paid an hourly rate for what i do .I dont hold a saleried position . I hope this helps Thanks for bearing with me !

 

[cbg]

Alabama law does not require breaks of any kind.

You are non-exempt.