Lunch Breaks? Boss Allowed to tell you what to do?? (Boston: home, employment)

[Boston21]

I work a Corporate 9-5 job 40 hours a week salaried employee in Mass.

I use to go to the gym at lunch time for an hour, but I was told repeatedly the perception wasn’t good by my Boss so I stopped going.

Can your boss tell you what to do during your lunch break by law?

I called HR and they said it was ok for my boss to tell me that since that hour is paid?

Thoughts?

[chicagoliz]

There are certain exceptions, but generally if you're not in a union and you're an exempt, full time salaried employee, yes, your employer can restrict the time you have for lunch and the length of time you can leave.

If they're really sticklers for having to be back within one hour, it's probably hard to get in a good workout, anyway.

I have not researched Mass law on this particular point, so I can't give a definitive answer.

This totally sucks, but it is probably technically legal. Unfortunately, even if they cannot prohibit you from leaving the premises, if you do something they don't like (like going to the gym), they can fire you as not being a team player or following office rules, or not being accessible at certain times, etc.

You may want to look into getting another job at some point. I do wish that employers would not just allow, but would actually encourage employees to go to the gym during lunch. It would be so much better for everyone.

[BostonMike7]

Do you have set hours? 8 hour day so a "paid" lunch? Then they can probably tell you what you can do during that time.

I'd personally find a new job. Not every company has the same policy. Mine certainly isn't like that.

[porterhouse]

Originally Posted by Boston21

Can your boss tell you what to do during your lunch break by law?

Legally? No. As long as you are back on time, ready to work and not breaking any stated corporate policies they probably can't tell you what to do with your lunch break.

However, it sounds like you're not going anywhere in this job. Your boss may be a dink, however most are in some way. If you're not willing to play ball with they want, move on. If you've already involved HR in this, you're not going to live it down with your boss.

[Boston21]

I am paid well, just sux that now I have to workout at night, which is tough with kids...

[Boston_Burbs]

9-5 is not a 40 hour week unless you have a paid lunch. Which I personally have never had, not sure if the rules are different.

[badalchemist]

I would have a frank conversation with your supervisor about work/life balance and how this has a negative impact. If they don't like it, move on!

[porterhouse]

Originally Posted by Boston21

...sux that now I have to workout at night, which is tough with kids...

I hear that. Can you get up early and work out at home or go for a run a few days a week? What about after the kids go to bed? Perhaps you can piece that together with weekend workouts for a few months and then revisit it with your boss. If you are well paid and otherwise happy, it's worth sacrificing a bit.

Did your boss specify beyond that the perception generally wasn't good? What's the culture like at your company? Are others working through lunch, coming in early, staying late? When you work out at lunch do you always keep it to an hour and not a minute longer? Are you back at your work space ready to go, or do you then eat lunch at your desk? An hour does seem tight to work out, shower, eat lunch and get back on time.

[johngolf]

Pi$$ your boss off and see how long you last.

[tovarisch]

Doesn't this belong on an employment thread rather than a Mass. one? It certainly isn't just a Mass. issue.