Ee's are not taking lunches

lnelson

I have been having an ongoing problem with our customer service representatives and their supervisor. They are continually asked to make sure to take their lunches. They continue not to stating that their schedules are too busy for them to take them. I have address this with their supervisor and she informs me that she lightened their work load so that it would allow them more time to take lunches. They are still not doing so. They are allowed to work OT as needed but sometimes they do not and still take no lunch.

How can I enforce this with them? We want to make sure they are taking their alloted breaks and lunches. By the way these reps are on the road going from 1 jobsite to the other.

Any input will be appreciated. Thanks

Parabeagle

What exactly are they doing in their jobs? Are they truly CSRs or do they fit the FLSA defintion of outside sales? If so, they may be exempt employees and you don't need to worry about the lunch issue. If not, you need to start using your disciplinary process (whatever it may be) to make sure the individuals understand that the company is serious about making sure they take lunch.

rad

Are they union? If so, they really need to be taking that lunch break. Union rules, period.

pecohr

If you've given clear documented direction then this is a performance issue that should be addressed accordingly i.e. disciplinary process

HR in CA

We have the same problem. Also are you aware that there is a penalty the employer must pay the employee? Labor Code 226.7 Prohibits employers from requiring employees to work during any meal period or rest period mandated by the Wage Orders. It also establishes a penalty if an employer fails to provide employees a meal period or rest period required by he Wage Orders. As amended as of October 1, 2000, the Wage Orders authorize a penalty that applies when employers violate the state meal or rest period requirements. Under the new rule, employers must pay employees once additional hour's pay for each work day the meal or rest period is not provided. The employer must pay the penalty in addition to the compensation owed the employee for the time worked.

This is quoted from the Wage and Hour Manual for California Employers by Richard J. Simmons, who happens to be running for Governor of this state.

I hope this helps open the eyes of the CSR supervisor.

ray a

We have had ee's who skip lunch because they think they are too busy and want to show how dedicated they are. When we threaten them with disciplinary action, that fixes things. But, we make sure they realize that by skipping lunch, they are creating a potential legal problem for the company and the supervisor.

What if a few are allowed to get away with this practice, then others feel to keep up they are required to do likewise? Then, one of these followers decides they really don't like not taking a lunch, but feel it is expected because "everyone" does it and they decide to call the DOL? Who is in hot water? The employer and quite possibly HR.

I believe in NY, even exempt ee's are required to take a lunch break.

Sunny

We also ran into this with an office employee who we let go (during her "introductory period") for inability to do the work. She then claimed that we owed her overtime because she worked through lunch - and caused a DOL investigation. I would immediately communicate to the Supervisor that either she enforced company rules or someone else would be brought in to do so. I would then monitor these employees and, if they took no lunch, send them home early enough to keep their hours worked at 8 in the day. You will have to make it clear that working through lunch will not be tolerated.

Pork

Section 785.13 reads: In all cases it is the duty of management to exercise its control and see that the work is not performed, if it does not want it to be performed. Management can not sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule, and must make every effort to do so.

As HR, I no longer concern myself with operational management concerns in this area; I protect the employee and we make the Department pay the employee whenever, the issue comes to my attention through the employee complaint system or my personal observation.

ONCE THE MANAGEMENT TEAM UNDERSTANDS THE LAW THROUGH MY EXPLANATION of how payroll works and who is responsible for the appropriate record keeping and the hours worked which translates into LABOR COST, they usually can find a way to relieve the receptionist of the work and literally has him/her remove their person from the immediate work site and interaction with customers

"Been there and done that" in previous postings the story was told of the employee with calander records of time present that the supervisor failed to compensate for the many times she was at the work site and :ANSWERED PHONES, RESPONDED TO CUSTOMER INQUIRIES, DUSTED THE TYPEWRITER-PHONE-AND WHATEVER, WASh THE ENTRANCE WINDOWS, LINED UP SHOPPING CARTS WHILE WAITING FOR HER MAJIC HOUR TO GO TO WORK. The company had no record of time to defend our case and we naturally lost plus penalties, plus back regular and back O/T with interest that this money could have earned the employee in the bank over the last 11 years of friendly dedicated service.

Needless to write, it is cheaper for management to enforce the rules established by the company, and for HR to manage payroll payments and not the hours worked or failed to work, JUST DON'T TAKE THE ISSUE ON PERSONALLY, IT IS NOT YOUR CAUSE TO MANAGE DEPARTMENT PERSONNEL.

AND WHY YOU ARE RELAXING AND NO LONGER WORRYING ABOUT THE RECEPTIONIST/CUSTOMER SERVICE REP go out to lunch for an hour and eat more PORK!

May we all now have a more blessed day! PORK