Human Resource Blog

Salaried Employees and Lunch Hour-Ohio

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Hello-I would love your opinion on the laws surrrounding exempt employees and what they can/cannot do on their lunch hour in Ohio. For instance, if someone is meeting all the specified criteria i.e. production is good, back at desk within an hour, etc, are they able to do whatever they want with their hour? Could they spend it working a side job like running a hot dog stand off the premises provided that this is not a conflict of interest to their full time role?

Also, what are the rules around an exempt employee who gets into an accident on their lunch hour? I had heard that the employer can somehow be held responsible, which doesn’t make sense to me..?

Thanks

Sometimes when a question is posted our experts feel that they are not being giving complete information, and this is one of those times. What behavior, exactly, is it that the employer is objecting to? It would be interesting to know.

There is very little in state or federal statutes that address this issue –it’s mostly a matter of company policy.

Employers have the right to set certain limits on employee behavior, whether it occurs on the employee’s lunch hour or not. For example, many employers prohibit employees from working in a related field, or for a competitor, even on their own time.

This is true, whether the employee is on a salary or paid hourly.

Some employers prohibit employees from “moonlighting” or holding a second job, period, although those provisions are becoming more rare. They can also be hard to enforce, if an employee challenges them in court.  

Many employers prohibit any behavior that would bring discredit on the company. An employee of either sex, who worked as a stripper during his or her lunch hour, might be violating company policy. A few years ago, a Chicago police officer was convicted for robbing a store on his lunch hour. He was fired.

Almost all employers would prohibit a worker from consuming alcohol or using illegal drugs on his or her lunch hour, if only because the employee will return to work impaired.

Employers can even legally require that workers remain on the premises during an unpaid lunch hour, as long as the worker is relieved of all duties.

Some employers also have rules about what conduct employee’s can engage in at work, even on their lunch hour. For example, some employers do not permit workers to solicit or sell merchandise on the premises.

Sometimes employers object to an employee’s biking or running on the lunch hour, simply because the employee returns sweaty and stinky. It’s usually easier for an employer to address the issue of how the lunch hour is used, rather than the issue of body odor.

It is possible, if this behavior is not on company premises and would not otherwise be prohibited during the employee’s time off, that the employer is being unreasonable.

Some employers are concerned about legal liability during the employee’s lunch hour, but usually this is misplaced. A number of court cases have found that when an employee is injured on his or her lunch hour, off premises, it is not a workers’ comp case. In one case, a salaried outside salesperson in Florida fell in a grocery store during her lunch hour. Because she was not performing work, it was not a workers’ comp claim.

If the employee is driving a company car, or using part of her lunch hour to work, then the answer might be different. If the employee is on company property, then the answer might be different.

Please post a question with more details so that a more specific answer can be provided.