Q: Can an employer require you to stay in the building when you are clocked out for your 30 minute break?
I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was needing to run an errand while I was clocked out but wasn't able to because there wasn't enough staff in the building.
A: As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you should contact a Kansas employment attorney to discuss your situation further, as breaks in the latter situation generally need to be paid.
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