You work for a company in California, and you typically take your lunch breaks at your desk. The business isn’t very close to any restaurants or anything of this nature, so you just bring lunch from home. You started out eating in your car, but then you figured it was more comfortable to stay at your desk and eat while browsing the internet on your phone, reading a book or something of this nature.

One day, the rest of the office has decided to step out for some reason. On his way out the door, your boss tells you that you can take your lunch break, but they just want you to watch the phones while you do it. If someone calls, then at least there’s one employee at the business to answer the phone.

Even if you don’t expect anyone to call, you may wonder if your boss is allowed to require you to monitor the phones during your break.

You need to be relieved of all duty

The short answer is no, your boss can’t require you to do this. If you are taking a break, they have to relieve you of all of your duties. That’s the only way that it actually counts as a break.

If they require you to do anything at all—even if it’s less than the normal duties you would perform—then you deserve to be paid your standard wages. You’re essentially still on the clock and still working, even though you’re eating lunch. While your boss may consider watching the phones to be a “minor inconvenience,” it still means that you are never fully free from your obligations at the business. If you’re working and providing services to that company, you deserve to be paid for your time.

Conflicts over payment are common, and you need to know what legal steps to take to address the issue.