clocking out for lunch

Ty

At present we have a few upset employees with a new policy that we just initiated. All employees have to leave their desks when they are clocked out for lunch and either eat in the lunchroom or go out of the building. The reason for this is we just went thru an employment lawyer audit which included payroll, exempt and non-exempt status,timesheets, our handbook and also our policies and procedure book. We have been allowing our employees to clock out and eat at their desks but what has been happening is they will answer their phones while on lunch and it maybe a business call and they end up working off the clock part of the time. By asking the employee to leave their desk and eat in the lunchroom we were hoping to eliminate this problem. Our employees are not happy with this situation. I would appreciate feedback on what other offices do during their lunch hours? Do any companies allow employees to eat at their desks off the clock.

dixied

We do require our non-exempt clerical employees to leave their desks at lunch for the reason you mentioned. I also feel its best for them to be up out of their chairs and off their keyboards for the lunch hour.

LivindonSouth

You should stick with this new policy. You might send a brief memo to each of them explaining that when a clocked out employee performs any work whatsoever, whether or not the employer is aware of it, and the employee is not paid for that time period, the employer has violated the law.

deniseE

our policy is the same for rank and file ee's...but administrative support, such as myself, and other executive assistants, frequently work through our lunch hours....it's just one of those give-and-take situations...but it would not work for the telephone staff or other deptartments where there is widget counting to be done.

atrimble

I just sent all our supervisors a copy of DoL FLSA Fact Sheets #23 & 22 with my comments (interpretation and application) inserted because I discovered that several supervisors allow employees to work off the clock, whether it's coming in early, returning from lunch early or staying at the desk, or staying late to wrap up a task. Believe it or not, two of these supervisors actually complimented their "works more than required" employees, in writing, in their annual evaluations!

I think my question to the upset employees would be, "If you want to donate your time, why don't you go volunteer at the local food bank or humane society? We don't accept that type of donation here."

Whatever

We, also, require that non-exempt ees clock out for lunch and not eat lunch at their desk. Occasionally, we have an ee who asks to sit at their desk so they can use their computer (most frequently to do shopping around Christmas time).

HRinNH

I don't have so much of the problem of people sitting at their desks working through lunch as I do the ones who come like to come in earlier than I do and hang about making coffee for everyone and taking calls. I've given verbal warnings and have sent e-mail 'hand slaps'. It seems to be getting better but I will look up the fact sheets mentioned above to have in my arsenal next time.

Cheryl C.

HRLASS

We put in a new break room and encourage employees to leave their desks for lunch, but we still have problems. It's ok to stay at your computer and read news or play games on the computer at lunch. What we have more problems with is supervisors coming in to the break room to grab administrative staff "just for a minute". They still don't get it. Keep the policy, it makes it a little easier to protect yourself, but you still have to be vigilant.