Off-premises employee liability
thermaljames
1 Post
Recently my company has changed it's break policy regarding it's plant employees.Previously employees were allowed to leave the property during their paid break without clocking out.Now a change has been effected that says employees leaving the property during their break period must clock out and will be docked accordingly while employees that stay on property will continue to have their breaks paid for.The reason given for this is that if an employee out for lunch or going to the store or a fast food place during break gets into an accident or commits some illegal act, the company is liable.Has anyone else ever heard of this?It seems we might have problems paying some and not others due only to what they do on their break time.Any input or caselaw given will be appreciated. Thanks
Comments
In California, we are required to give paid breaks with the number of breaks dependent upon the number of hours scheduled. We do not have a chain wide policy regarding breaks on or off property, however some of our store managers do not allow the employees to break off premises. Prehaps it would be "cleanest" to not allow your employees off premises. I agree that for those who leave, it is almost impossible to return within the 10 minutes allowed at the store level.
I really question whether the company would be liable in any event if the employee was doing his own thing on his break. (Most states recognize that if something happens in the course and scope of employment, the company is liable, but if something happens when the employee is on a detour for his own benefit, the company may not be liable). Even if the break was unpaid, but the employee was doing something for the company's benefit (for example, running to a store to get supplies) the company could be legally liable.
Good Luck!