If an employee is not allowed to read, listen to music or use heat or air conditioning during a lunch break, can it still be considered a "break" from work?
AT&T employee Deborah Sturgeon, a technician in Indiana, says no. And she's willing to take her employer to court to prove it, Courthouse News reports.
Sturgeon and 10 other named plaintiffs from Indiana filed a class action Friday in U.S. District Court, alleging that their employers, AT&T Teleholdings, Indiana Bell, Ameritech Services and AT&T Services, do not provide proper breaks and pressure employees to work through them without compensation.
The suit seeks an injunction and punitive damages for violations of the federal Fair Labor Standard Act, as well as for violations of Indiana's wage and record-keeping laws.
Kimberly D. Jeselskis, the lawyer for the plaintiffs, said her clients, who are paid by the hour, are entitled to overtime if they work more than 40 hours. In order to make sure employees do not work more than the allotted 40, they are required to take off the clock lunches.
"But they are really not taking a lunch break, because they have to stay with the vehicle, they can't go home," Jeselskis told The Huffington Post. "Yet, they're being charged for that time. In effect they are working over 40 hours a week," and therefore are missing out on overtime pay, she told HuffPost.
According to the suit, AT&T Midwest employs close to 1,300 technicians in various capacities across the state of Indiana. These employees work in shifts about nine hours long, with unpaid lunch breaks of either 30 or 45 minutes.
However, these breaks are subject to "heavy restriction." Technicians who do manhole work are required to guard the manhole while on break. Such workers cannot eat lunch at any location more than a half mile from their assigned routes, which makes finding food "difficult to impossible" on some routes.
If employees bring lunch from home, they are allowed to eat in their vehicles, but after the food is consumed, they are not allowed to engage in any extracurricular, personal activities.
The suit continues, "Moreover, separate from the restrictions, the Company's productivity-based performance ranking system puts the technicians under significant pressure to work through unpaid lunch breaks in order to complete as many jobs as possible in each work shift."
Lunch breaks are not mandated by the federal government, and if they are provided, they do not need to be paid. While different states can implement their own regulations, Indiana so far has not enacted mandatory breaks.
In contrast, California is one state that has enacted its own separate regulations, requiring employers to provide 30-minute breaks if an employee is working more than five hours at a time.
In April, the California Supreme Court ruled that employers are not required to make sure employees actually take their breaks, only that they be made available, according to the Associated Press.
Update: AT& reached out to The Huffington Post to respond to the lawsuit. Speaking through a spokesperson, the company said only, “AT&T is committed to full compliance with all federal and state laws, including wage and hour laws, and has received numerous awards for being an employer of choice.”
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.