Does an employer have to provide a lunch or break room separate from a work station?

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Does an employer have to provide a lunch or break room separate from a work station?

Hi, I am wondering about laws regarding workplace break rooms or lack there of. If I do not get paid lunch 30 minutes deducted from my check but there is no place at my store to eat that is separate from a work station or customer lobby is that legal?

Asked on May 10, 2018 under Employment Labor Law, Kentucky

Answers:

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

Answered 2 years ago | Contributor

No, an employer does not have to provide a seperate lunch/breakroom for its workers. The fact is that in certain situations it is not pracrtical or possible to do so. That having been said, you should be allowed to leave your work station to eat, etc. If you are made to eat at your desk and perform your work duties, then you must be compensated for the time.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, there is no law requiring a separate break or lunch room (especially since for many businesses, this is simply not practicaly or economically possible): the fact that you get lunch does not require your employer to set up a separate lunch space for you to eat in. Of course, if you are on lunch, you should be able to leave your post and eat outside, in your car, at a nearby restaurant or lunch truck or park, etc.


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