Can management tell you to go to a later lunch time?

I work from 8 am-5 pm and take lunch from 1-2 for an hour. Today I was asked due to being busy to go to lunch at 3 pm. Is this legal because then I would come back to the office for 1 hour only and then go home?

Asked on March 14, 2018 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately there is no prohbition against this under either state/federal law. Accordingly, unless this action violates the terms of an employment contract or union agreement you have no claim. As a general rule, an employer can set the conditions of the workplace much as it sees fot (absent some form of legally actionable discrimination). 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

This is legal. Neither your state nor federal law mandates or regulates lunch breaks--your employer does not need to provide you lunch at all. If the employer voluntary chooses to provide you with a lunch break, the employer may tell you when to take it. It may not make sense, but being stupid doesn't mean illegal.


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