Workplace asks employee to clock out for 30 minute lunch break but requires them to continue working: 'If you are working, you have to be paid'

Author image for JR Atkinson
JR Atkinson • Writer and Editor
May 4, 2025 10:00 AM EDT

The thing about a break is that you don't have to work. That's kind of the very definition of a break. You get a couple of minutes where you don't have to think about your job. Your responsibilities are on hold, you're not needed, and you can think about something else. Plus, you can do anything you want on a break. Maybe you'll just use it to eat lunch, but heck, you could go jump rope in the park for 30 minutes if you wanted to. You could work on your novel. You could go pet every dog you see on the sidewalk. You could call your mom and ask her how she's doing. 

The point is that the time is your time. You can use it as you please because you are released from your duties. This certainly doesn't mean that you should be working while you're on your break. Then, by definition, it's not a break.

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  • 01
    Cheezburger Image 10500773120
    via Unsplash+ (SJ Objio)

    The image does not depict the actual subjects of the story. Subjects are models.

  • That didn't stop one employer from asking their employee to continue working while on their break. Even if they knew what they were doing was wrong, the bottom line was simply too important. But this worker wasn't quite going to let them get away with it. Read on for the story and see what you think.

  • 02

    Required to punch out for lunch yet can't leave the desk and be fully relieved of duties.

    Background: I work at a elderly facility 11pm to 7 am. I work as a receptionist but our work gets downplayed. To start, I'm fully aware it's a normal thing to get unpaid lunches, I'm just venting.
    via u/Local-Debate-5565
  • 03
    At any given moment I have to make/receive calls (family, 911, hospitals etc) be available to residents who need something, do multiple tasks ( even some of other positions because they cut hours) and my own tasks including watching the cameras and being available for the phone. If I'm away, the calls go to another staff member who deals with more hands on residents, she doesn't always have time to answer the phone.
    via u/Local-Debate-5565
  • 04
    So while it may seems light, it's really not. I think it's only fair to be paid my 30 minute lunch if I can't be away from the desk. Also some states don't " require a meal or break to people over 18, that's wild. ||
    via u/Local-Debate-5565
  • 05

    Commenters pointed out exactly what was going on here.

    Byronthebanker ⚫ 11h ago • The term in the Fair Standards Labor Act is "completely relieved of duty" That is when a break can be unpaid. Not, look at the camera, not maybe have to answer a phone call, not have to be at my desk - completely relieved, and uninterrupted. The remedy is to file a complaint at the US dept. of labor website.
    via u/Byronthebanker
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    Maybe Factor 10h ago If you can't leave the building, you're not on a break, you're working. Also some states don't "require "a meal or break to people over 18, that's wild.
    via u/Maybe_Factor
  • 07
    The US as a whole is regarded as uncivilised in regards to its labour laws. I'm sorry you have to deal with it. Please vote accordingly.
    via u/Maybe_Factor
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    Fififaggetti 10h ago Very very unlawful. That poster by the time clock has all the rules. Now this | believe has a plus damages that I believe it treble the amount of money owed you. Since you worked 5 extra hours a week those are also paid as overtime. See where
    via u/Fififaggetti
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    I'm going with this. Depending on how long this has been going on it could be a nontrivial sum. Get a consult with a local labor attorney. Don't tell a soul you work with what your up to snitches are out of control.
    via u/Fififaggetti
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    Cheezburger Image 10500772608
    via Unsplash+ (Getty Images)

    The image does not depict the actual subjects of the story. Subjects are models.

  • 11
    MissAnth 11h ago This isn't legal at all. You have to be paid for all hours worked. If you are working, you have to be paid.
    via u/MissAnth
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    shontsu 10h ago Well...that seems illegal. If you're working, you get paid. If you're required to be available, you're working. Being required to be at your desk is considered working. If you weren't working, you could go somewhere else and do other things.
    via u/shontsu
  • 13
    HappyKnittens • 10h ago . That's wage theft. Call your state's Dept of Labor if you're in the US
    via u/HappyKnittens
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    KidenStormsoarer 7h ago They can require a punch for tracking purposes, but either you are completely relieved, or you get paid. There's no wiggle room here.
    via u/KidenStormsoarer
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    Odd-Gear9622 · 10h ago No money... No workey! It's a simple business transaction.
    via u/Odd-Gear9622
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    Square_Accounta... . 5h ago While you may not legally be required to be given a lunch you are legally required to be paid if you're working. If they force you to clock out for lunch then you do no work and can leave the desk. If you have to do work while on lunch then you stay clocked in and eat around your work.
    via u/Square_Accountant
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    Anais NinjaTX • 4h ago If they make you clock out for lunch, NEVER work during that time. Also don't sit at your desk, go to a break room or unused office or something. They can't have it both ways, if you're off the clock you don't perform work & if you have to eat at your desk you stay clocked in and phone callers are just going to have to hear you chew.
    via u/AnaisNinjaTX
  • 18
    spud4 7h ago Some states don't require a meal break like Indiana the law that nobody has been able to change That says slaves must get one hour after 24 hours that freemen are free to work else where. And we can't regulate when
    via u/spud4
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    a Fireman, doctor, nurse or anyone else takes lunch. A Out of court settlement paid half hour lunch unless you leave the building. And are allowed to leave for half an hour.
    via u/spud4
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    notevenapro · 6h ago If you cannot step outside the building during your unpaid lunch then you need to be paid.
    via u/notevenapro
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    . anonymousforever • 6h ago They treat it like they do convenience store workers. You can't be fully off duty if you're the only employee there. Btdt. One of the managers/administrators should come cover you for 30 minutes for lunch.
    via u/anonymousforever
  • 22
    alexanderpas· 4h ago 1. Stop clocking out if you can't leave the building. 2. Leave the building when you're clocked out. 3. Inform HR/Legal that <manager> is demanding that people
    via u/alexanderpas
  • 23
    to do unpaid work while they are clocked out, which could potentially open up the company to liability and wage theft lawsuits. (HR and Legal are there to protect the company, and that includes protecting the company against potential liability and lawsuits resulting from the actions of a manager)
    via u/alexanderpas
  • 24
    Zipferlake 4h ago • Create a paper trail by sending HR and your manager an e-mail, wherein you describe the situation, i.e. having been told this requirement by your supervisor. Then ask them. to confirm this procedure in writing. This is a very common scam by management in hospitality.
    via u/Zipferlake
  • 25
    Freeman421 · 3h ago Nah f it, stop caring and go get your lunch. Then file an OSHA complaint that they are refusing your lunch. period. And depending on where you live there could be state laws
    via u/Freeman421
  • 26
    Big And Tall1968 · 3h ago If I'm not getting paid, I'm not working. That thirty minutes is MY time and I'll go where the f I want for half an hour.
    via u/BigAndTall1968
  • 27
    Mohican83 • 4h ago If you're required to work then you should stay on the clock. If they ask you to punch out then they have no say with what you do with your time.
    via u/Mohican83

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