Meal Breaks

Rockie

I know that DOL does not mandate lunch breaks, but employers can mandate lunch breaks, but my understanding is that employees have to be paid if they do, in fact, work during their "designated" meal. One of our local hospitals "deducts" 30 minutes from employees' shift for lunch time and employees are told they are mandated to take a meal break. This is done automatically whether the employee has time to take a full 30 minutes or not. I say they are in violation of FLSA and if employees do not follow rules, this is a disciplinary problem, but they do have to pay the employee if they work during the meal break. Is this correct?

Margaret Morford

You are exactly right. If they are hourly and work through their meal break, you must pay them for that time. You can make them leave early to avoid paying overtime. If they continiously do this, address it by issuing corrective action for not following the company policy that requires employees to take a meal break. Note: this does not cover morning and afternoon
breaks of 10 to 15 minutes. These should be paid time if they are granted.

Margaret Morford
theHRedge

ljba

I'm curious///along these same lines, as a bank, must we provide everyone 15 minute paid break. Most branches can accommodate providing an employee a break; however, our drive-in branch is manned by two employees and is a very busy branch. We sent coverage so each teller has a one hour unpaid lunch break and pay them an extra $10 a week in lieu of a 15 minute break. Is this within the law?

Don Avery

There are no Federal laws that require breaks. Labor laws in some States may require breaks so you should check with your State DOL (anonomously of course) concerning any requirements specific to the State in which you do business.

Rockie

Don, I don't think there is any such thing as anonymous any more as the DOL in some states (South Carolina) have caller ID and can identify organizations who are calling. We have been warned by several organizations that this could trigger an audit.

Don Avery

Excellent Point! One of these days I plan to get that on my home phone. Perhaps that's why it didn't occur to me. With that in mind, I would run it by a Labor attorney. Of course, one could use a payphone away from your place pf business.

dhnyct

I remember an automatic meal deduction being a program option when we set up a new time clock several years ago. I suppose the idea would work for an office or plant that literally shuts down for lunch.

Herman

You are absolutely correct. We had this issue with delivery truck drivers and we checked with Wage & Hour on the regulations.