Help Wanted: Legality of break on premises

"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."

It's worth mentioning that federal law doesn't require any breaks, not even meal breaks, which are usually 30 minutes. But if companies offer such unpaid breaks, their key obligation under federal law is to make sure that hourly employees are freed from work during that time, as the statute above emphasizes. Hourly workers must be paid for all the time they work.

"If it is a bona fide meal break, it may be unpaid, and the employees need only be fully relieved from their duties for the purpose of eating their meal," Borrelli said.

Despite a New York State law that requires at least a half-hour meal period when employees work more than six hours a day, you won't get relief from state regulations regarding the on-premise issue. Sometimes state statutes grant employees more rights than federal laws, but not in this case, according to Borrelli.

"New York State has not squarely answered the question of whether or not an employee can be forced to remain on premises during their break," he said. "In situations where there is no clear declaration under state law, [federal labor law] and how it has been interpreted by the courts will be the controlling authority, and it is no different here."

Collective bargaining agreements are often the last bastion for worker protections not provided by state or federal labor laws. But again you are out of luck, because as you noted, your union contract doesn't address the issue. Your only option is to appeal to the company again for freedom to venture out.

For more on meal breaks click here to go to the online U.S. Government Publishing Office at  bit.ly/wIWtqb and here to research the issue on the New York Labor Department website at bit.ly/zfq8EO.