Jersey City, NJ asked in Employment Law for Virginia

Q: My wife works for a local bank, she has been told she can have her 30 minute lunch, but can’t leave. Must Clock out

My wife works for a local bank, she has been told she can have her 30 minute lunch, but must clock out, but cannot leave the building in case a customer comes in. From what I understand and I may be wrong. They can make her stay in the building, but they cannot bother her for the 30 minutes, because then she would be considered on-call and should not have to clock out. Am I correct?

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1 Lawyer Answer

A: Yes, she should be able to take an uninterrupted break if they are requiring her to clock-out. If she is clocking-out and is consistently unable to take an uninterrupted break, I would reach out to an employment lawyer in your state for a full evaluation. There are other factors that need to be determined as well.

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