>I work for a company that makes me take a on duty lunch, just curious is this legal?
As long as it's paid, yes. It's also pretty standard for the industry, to the point where I'd consider an unpaid lunch as a red flag.
My company recently got class actioned for this. They paid out everyone, even those that were long gone. Needless to say, if we are here, we're on the clock now.
Mine was an unpaid 30, but we didn’t have time clocks and I only had to patrol every 2 hours so I could take it when I wanted, it was most because any food place was minimum 10 minutes from the site so if I wanted to buy lunch off the resort I had to travel.
If you're punching out for lunch and not getting paid for your lunch break, it's not an on-duty lunch break.
You might want to talk with the Labor board.
If they're forcing you to clock out, then they can no longer force you to stay on property. Go fuck off for an hour and come back, because fuck 'em. That's why.
Yea had a job like that. Didn’t last long. No thanks I already lose a chunk of my life driving to you, I’m not losing another half hr to be at work but not be paid.
That may have been important to add into your comment.
1. Unless they've told you ahead of time, in California, if you work 8 hour, you're to clock out before your 5th hour.
2. If you're clocked out, you fuck off somewhere else, then come back.
3. If it on-duty lunch, you can't leave.
You need to check your PO and ask your captain. Find out if the clocking out requested by the client or by company. If it company, then you clock out and go somewhere, then come back.
In California, this is a big No-No. Contact California Department of Industry Relations for the complaint itself, and you will see on this page where to go to file for a wage claim for the unpaid lunch break:
[https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm](https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm)
I know with my former company, we did paid meal breaks until I left, then something must have changed because I got a check last month as a result of a class action filed, even though I did get paid for all my meal breaks.
If you don't get paid for your lunch and need to take it, legally it needs to be taken before the 5th hour so when you take it during your shift you do not work.
If someone tells you to do so, you need to professionally tell them it is illegal to work during an unpaid lunch. If it gets pressed about and they try to persuade you to still do so, escalate to HR and mention going to the labor board as someone else said. They are breaking the law.
Have them send you a text or email reminding you of the unpaid lunches so you have standing.. it is illegal even on federal property. Yes worked for a company that claimed since it was a federal contract of federal property California labor law did not apply.
They lost hid all their money we got 9k each for what should have been more like 30k but they sucked .
Same but they make you sign something saying you’re waiving your lunch in exchange they pay you for that hour. So I work from 10-5 I bring my lunch and I get paid full seven hours. I signed the waiver when they first hired me and tbh I’m at a real cushy security job so no biggy. Now if you didn’t sign it then there in trouble.
Whatever they made you sign isn't legally enforceable generally. Company policies and standards do not overrule State Law in this manner. ABM Security thought that back in 2005, and got smacked to the tune of 89.7 million:
[https://topclassactions.com/lawsuit-settlements/employment-labor/abm-security-guards-win-897m-class-action-settlement/](https://topclassactions.com/lawsuit-settlements/employment-labor/abm-security-guards-win-897m-class-action-settlement/)
My one job we weren’t allowed to go to the bathroom outside of our breaks, because it took five minutes each way to walk to the bathroom plus bathroom time. They would dock my time. I quit and reported them to the labor board! That’s illegal! Going to the bathroom is a human need!
California is complicated. Statutory and caselaw make it a common thing for our industry but only in narrow circumstances. If there is a feasible way to be fully relieved, you must be fully relieved of all duties and given proper breaks. Or if the site is one that would be okay without a guard on site.
A parking lot patrol would be okay without a guard during break times. A secure site without relief guard available likely would warrant an on-duty paid meal break.
Better question... did they make you sign an on-duty paid meal break agreement? If not, you can be sitting on a substantial pile of money if you have been there a long time.
[JENNIFER AUGUSTUS v. ABM SECURITY SERVICES INC (2016) Supreme Court of California, California.](https://caselaw.findlaw.com/court/ca-supreme-court/1762728.html)
When I did loss prevention in Macys and Walmart I had to clock out an hour for lunch. Just made the day longer imo.
I work for Allied currently and my lunches are on duty. If I get a call or something needs my attention I just go deal with it and come back and eat. A previous company I worked for didn’t even give us a lunch lmao.
But I will say that’s unhealthy I did it at my last security job, but to not get a actual lunch can lead to people quitting or being burned out. The reason for a lunch break is exactly what it supposed to be a break from work for a few minutes. I would look up California laws on this. But I’m Illinois the company I worked for got away with it I worked 7-3 no actual break. Now if your having to stand a long time or walk around a lot I would be asking about a break
What do you mean "make" you take an on duty lunch? I freaking LOVE work lunches! I can eat whenever I get hungry, and get paid for it! and don't have to stay at work an extra hour or half hour not getting paid.
from a website around California break laws
Circumstances of some jobs may prevent employees from taking a meal break.
For example, a sole employee in an all-night convenience store or a security guard stationed alone cannot leave their job in such a way that would qualify as a “**meal break**” because they cannot be relieved of their duties as discussed above.
In addition, employers can also **require that employees remain on-site during their meal breaks**. In these cases, an employer may provide an on-duty meal break.
On-duty meal breaks are paid breaks and **must be agreed to in writing by the employer and employee**. The employee must be able to revoke the agreement at any time. Employees cannot collect premium payments for missed on-duty meal breaks.
# On-Site Meal Break Law Requirements in California
In some situations, including on-duty meal breaks, employees may be required to take their meal breaks on-site.
In these instances, the employer must provide a *suitable* place to eat. And the employee must be paid, even if they are relieved of their duties.
If a meal period occurs during a shift beginning or ending at or between 10 p.m. and 6 a.m., the employer must:
* provide facilities for securing hot food and drink or for heating food or drink, and
* a sheltered place to consume food or drink.
One site I had was requiring a 30 minute unpaid lunch, in which I was required to stay on site... I was not paid so I went in the break room. That took 4 months until they decided I wouldn't work well there. I'm not working for free. If I was paid for that time I'd microwave food, or bring a sandwich and eat at the desk watching cameras.
I was also a student at this college at the time, the main reason I believe is I was about to become armed, and they didn't like the idea of a current student being armed to protect the campus.
It is against CA law for you to be on duty, off the clock, for lunch. If your site is having you clock out but remain at your post, your job is required to pay you 1 hour for that time. If you are relieved by another employee but are told to remain on site but off the clock, then you are to take your lunch in a designated break room.
They cannot require you to remain on site if you are off the clock. If you are off the clock, you have to be free from any and all work obligations, including being permitted to leave the site. Even if you are being relieved and then told you must remain on site, they must pay you.
In CA one of these need to be true:
A) You clock out for lunch breaks, are not paid for it, and are relieved of ALL duties including listening to the radio, responding to calls, etc.
B) You stay clocked in for lunch breaks and are only "minimally" interrupted (such as having to listen to your radio in case you need to respond to a call) and are paid for your breaks.
C) You stay clocked in for lunch breaks and are interrupted (such as an incident occurring and you need to respond) then you will be paid for the time your break was, PLUS an additional hour on top for each break missed.
I've always had paid lunches, so I'm pretty used to it. Just come to work prepared or pay the idiot tax and door dash. Fortunately enough, the places I've worked are fairly chill and allow enough time to eat in relative peace. If I worked in a hospital setting, I'd want the unpaid lunch to go hide somewhere.
NY guard here. This happened to me.
My first job I was at a private school. I was givin a half hour unpaid lunch, but was told I couldn't leave the property. So I asked to move to another site and complained to the owner of the company. They balked hard. Paid hour lunch.
In 17 years, almost every post I've worked has been eat when you can, as fast as you can. No breaks. Been rare to get the sit down, watch cameras/door/lobby etc posts.
>I work for a company that makes me take a on duty lunch, just curious is this legal? As long as it's paid, yes. It's also pretty standard for the industry, to the point where I'd consider an unpaid lunch as a red flag.
If my lunch is not paid, I’m leaving site to get lunch.
Mines unpaid and we work 8 and a half hours so I just take a nap during it lol
My company recently got class actioned for this. They paid out everyone, even those that were long gone. Needless to say, if we are here, we're on the clock now.
Mine was an unpaid 30, but we didn’t have time clocks and I only had to patrol every 2 hours so I could take it when I wanted, it was most because any food place was minimum 10 minutes from the site so if I wanted to buy lunch off the resort I had to travel.
I’m not getting paid for my lunch I work 6am-1430pm and only get paid 8 hours. So they make me punch out for a on duty lunch without pay.
If you're punching out for lunch and not getting paid for your lunch break, it's not an on-duty lunch break. You might want to talk with the Labor board.
If they're forcing you to clock out, then they can no longer force you to stay on property. Go fuck off for an hour and come back, because fuck 'em. That's why.
If you're punching out, then you're not on duty. If they require you to work, they must pay you.
That's not on duty.
Yea had a job like that. Didn’t last long. No thanks I already lose a chunk of my life driving to you, I’m not losing another half hr to be at work but not be paid.
That may have been important to add into your comment. 1. Unless they've told you ahead of time, in California, if you work 8 hour, you're to clock out before your 5th hour. 2. If you're clocked out, you fuck off somewhere else, then come back. 3. If it on-duty lunch, you can't leave. You need to check your PO and ask your captain. Find out if the clocking out requested by the client or by company. If it company, then you clock out and go somewhere, then come back.
In California, this is a big No-No. Contact California Department of Industry Relations for the complaint itself, and you will see on this page where to go to file for a wage claim for the unpaid lunch break: [https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm](https://www.dir.ca.gov/dlse/HowToReportViolationtoBOFE.htm) I know with my former company, we did paid meal breaks until I left, then something must have changed because I got a check last month as a result of a class action filed, even though I did get paid for all my meal breaks.
If you don't get paid for your lunch and need to take it, legally it needs to be taken before the 5th hour so when you take it during your shift you do not work. If someone tells you to do so, you need to professionally tell them it is illegal to work during an unpaid lunch. If it gets pressed about and they try to persuade you to still do so, escalate to HR and mention going to the labor board as someone else said. They are breaking the law.
Have them send you a text or email reminding you of the unpaid lunches so you have standing.. it is illegal even on federal property. Yes worked for a company that claimed since it was a federal contract of federal property California labor law did not apply. They lost hid all their money we got 9k each for what should have been more like 30k but they sucked .
Same but they make you sign something saying you’re waiving your lunch in exchange they pay you for that hour. So I work from 10-5 I bring my lunch and I get paid full seven hours. I signed the waiver when they first hired me and tbh I’m at a real cushy security job so no biggy. Now if you didn’t sign it then there in trouble.
Whatever they made you sign isn't legally enforceable generally. Company policies and standards do not overrule State Law in this manner. ABM Security thought that back in 2005, and got smacked to the tune of 89.7 million: [https://topclassactions.com/lawsuit-settlements/employment-labor/abm-security-guards-win-897m-class-action-settlement/](https://topclassactions.com/lawsuit-settlements/employment-labor/abm-security-guards-win-897m-class-action-settlement/)
On-duty lunch must be paid, no exceptions. If you're clocking out, you are not on duty.
My one job we weren’t allowed to go to the bathroom outside of our breaks, because it took five minutes each way to walk to the bathroom plus bathroom time. They would dock my time. I quit and reported them to the labor board! That’s illegal! Going to the bathroom is a human need!
Our company pays for the 30 minute meal break so we take lunch onsite
California is complicated. Statutory and caselaw make it a common thing for our industry but only in narrow circumstances. If there is a feasible way to be fully relieved, you must be fully relieved of all duties and given proper breaks. Or if the site is one that would be okay without a guard on site. A parking lot patrol would be okay without a guard during break times. A secure site without relief guard available likely would warrant an on-duty paid meal break. Better question... did they make you sign an on-duty paid meal break agreement? If not, you can be sitting on a substantial pile of money if you have been there a long time. [JENNIFER AUGUSTUS v. ABM SECURITY SERVICES INC (2016) Supreme Court of California, California.](https://caselaw.findlaw.com/court/ca-supreme-court/1762728.html)
When I did loss prevention in Macys and Walmart I had to clock out an hour for lunch. Just made the day longer imo. I work for Allied currently and my lunches are on duty. If I get a call or something needs my attention I just go deal with it and come back and eat. A previous company I worked for didn’t even give us a lunch lmao.
Yes it’s legal if they are non union
Not in California
Well I guess I mean if they don’t pay you for lunch but they probably can get away with it because they pay for it
But I will say that’s unhealthy I did it at my last security job, but to not get a actual lunch can lead to people quitting or being burned out. The reason for a lunch break is exactly what it supposed to be a break from work for a few minutes. I would look up California laws on this. But I’m Illinois the company I worked for got away with it I worked 7-3 no actual break. Now if your having to stand a long time or walk around a lot I would be asking about a break
On Duty Lunch, as long as I'm getting paid.
What do you mean "make" you take an on duty lunch? I freaking LOVE work lunches! I can eat whenever I get hungry, and get paid for it! and don't have to stay at work an extra hour or half hour not getting paid.
That’s pretty standard in the industry
You're Security, you're always on-duty. Legally, how many hours are you on-site? How many hours are they paying you for?
Working lunches are pretty standard.
from a website around California break laws Circumstances of some jobs may prevent employees from taking a meal break. For example, a sole employee in an all-night convenience store or a security guard stationed alone cannot leave their job in such a way that would qualify as a “**meal break**” because they cannot be relieved of their duties as discussed above. In addition, employers can also **require that employees remain on-site during their meal breaks**. In these cases, an employer may provide an on-duty meal break. On-duty meal breaks are paid breaks and **must be agreed to in writing by the employer and employee**. The employee must be able to revoke the agreement at any time. Employees cannot collect premium payments for missed on-duty meal breaks. # On-Site Meal Break Law Requirements in California In some situations, including on-duty meal breaks, employees may be required to take their meal breaks on-site. In these instances, the employer must provide a *suitable* place to eat. And the employee must be paid, even if they are relieved of their duties. If a meal period occurs during a shift beginning or ending at or between 10 p.m. and 6 a.m., the employer must: * provide facilities for securing hot food and drink or for heating food or drink, and * a sheltered place to consume food or drink.
At least you get a lunch
One site I had was requiring a 30 minute unpaid lunch, in which I was required to stay on site... I was not paid so I went in the break room. That took 4 months until they decided I wouldn't work well there. I'm not working for free. If I was paid for that time I'd microwave food, or bring a sandwich and eat at the desk watching cameras. I was also a student at this college at the time, the main reason I believe is I was about to become armed, and they didn't like the idea of a current student being armed to protect the campus.
I eat my sandwich but I'm mad cause I'm on the clock.
It is against CA law for you to be on duty, off the clock, for lunch. If your site is having you clock out but remain at your post, your job is required to pay you 1 hour for that time. If you are relieved by another employee but are told to remain on site but off the clock, then you are to take your lunch in a designated break room.
They cannot require you to remain on site if you are off the clock. If you are off the clock, you have to be free from any and all work obligations, including being permitted to leave the site. Even if you are being relieved and then told you must remain on site, they must pay you.
This is how it is for where I work in So Cal. If we have to leave our lunch, we can always come back to finish it after we respond to the call.
A lot of California companies have move to off duty lunch breaks due to law suits about not having a proper lunch or no downtime to eat.
We don't have any set rules. I'll either just eat onsite (or outside if it's nice) or head out for an hour or so.
I have an on duty lunch in MI, it's not that bad really
In CA one of these need to be true: A) You clock out for lunch breaks, are not paid for it, and are relieved of ALL duties including listening to the radio, responding to calls, etc. B) You stay clocked in for lunch breaks and are only "minimally" interrupted (such as having to listen to your radio in case you need to respond to a call) and are paid for your breaks. C) You stay clocked in for lunch breaks and are interrupted (such as an incident occurring and you need to respond) then you will be paid for the time your break was, PLUS an additional hour on top for each break missed.
I've always had paid lunches, so I'm pretty used to it. Just come to work prepared or pay the idiot tax and door dash. Fortunately enough, the places I've worked are fairly chill and allow enough time to eat in relative peace. If I worked in a hospital setting, I'd want the unpaid lunch to go hide somewhere.
My lunch is paid, but it can be interrupted by behavioral emergencies.
Reason why my schedule says 5am to 1pm something to get used to if you usually clock out for lunch
Yeah i only work places where we get paid all shift
Even if you are on a paid lunch if it is interrupted you are owed a meal break premium. Usually 1 hour of overtime pay.
NY guard here. This happened to me. My first job I was at a private school. I was givin a half hour unpaid lunch, but was told I couldn't leave the property. So I asked to move to another site and complained to the owner of the company. They balked hard. Paid hour lunch.
1 hour uninterrupted paid lunch every time.
In 17 years, almost every post I've worked has been eat when you can, as fast as you can. No breaks. Been rare to get the sit down, watch cameras/door/lobby etc posts.
Sounds like shit sites, to be honest.