Human Resource Blog

Montana Break

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Can a Montana employer legitimately establish a policy that workers may not leave the premises on their breaks? I realize that breaks are not legally required, but if they are given, can the employer set limits on what an employee can do during his or her break time?

It’s perfectly legal to require a worker to stay on the premises during a paid break. And when it comes to unpaid meal breaks, federal law does not require an employer to allow a worker to leave the premises. So whether it’s a rest break or a work break, nothing requires an employer to let a worker leave the premises.

First, it should be noted that neither federal nor Montana law requires workers in most industries to be give any lunch or coffee breaks. They are usually offered because breaks enhance productivity. It’s not a legal obligation.

Both Montana and federal law do require breaks for many workers under the age of 18, and for workers in certain industries, like trucking.

The federal Fair Labor Standards Act (FLSA) stipulates that if a break is no longer than 20 minutes, that time must be paid for.

And that is why it is not likely that an employer would let a worker leave the premises during such a break. While employees are being paid (“on the clock”) they’re covered by Workers’ Comp insurance. If the worker is in an accident while she or he is away from work during a paid break, the employer could face legal problems.

For example, the employer would probably be obligated by law to pay for the injury because it happened during working hours. On the other hand, Workers’ Comp would probably not pay for any of it because the employee was away from the premises and not technically “working” at the time.

On the other hand, if the employee caused a car accident or caused some other liability situation, the employer could face a serious lawsuit. That’s because under another interpretation the employee was “working” at the time. The employer could possibly win such a lawsuit, but it would involve a long and expensive legal process.

Finally, employers are not required to pay for unauthorized extensions of work breaks, provided the extension is against work rules and the employee understand that.

Regarding meal breaks, a federal regulation states that on unpaid meal breaks “It is not necessary that an employee be permitted to leave the premises if he is otherwise completely freed from duties during the meal period.” JH