Free Lunch, State of Il.
Piper
1 Post
During a multi day special program, several hourly employees were working in an administrative function. Due to the continual flow of work, none took their formal lunch break, but ate while they continued to work. When they filled out their time sheets, they listed 15 minutes for a lunch break although none was taken
and inclued the remaining 1/4 hour as time worked not lunch.
Payroll reduced the numbers of hours worked by 1/4 hour and stated they will not be paid for the 1/4 hour, because state law said they must take 1/2 hour for lunch.
The deduction of the 1/4 hour also impacts overtime payments.
Is this action by payroll correct? Were can I find the Federal or State reference law?
and inclued the remaining 1/4 hour as time worked not lunch.
Payroll reduced the numbers of hours worked by 1/4 hour and stated they will not be paid for the 1/4 hour, because state law said they must take 1/2 hour for lunch.
The deduction of the 1/4 hour also impacts overtime payments.
Is this action by payroll correct? Were can I find the Federal or State reference law?
Comments
Generally what the law states is for a lunch period to be considered unpaid time it must be in duration of at least 30 minutes of uninterrupted time away from work. If any of that is interrupted by work, then it must be considered paid time. Breaks are usually brief periods away from the work station from 5-15 minutes and companies usually consider that paid time.
As "Don" has stated your payroll person is in error. Don is correct with the time requiring being paid as time worked; however, the final word of "overtime" is not paid unless the 40 hour requirement had been met, I know that is what he meant, unless he knows that your state is an 8 hour day plus overtime requirement, then his post is absolutely correct, as usual.
Given your payroll person is so adamant, is this symptomatic of other FLSA issues??????
PORK
Note the other topics on this website, as state laws can be more generous than the Federal FLSA or other Federal programs.
Sorry - guess you were quoting Il law not TN. Same analysis.
"What is the law regarding breaks and meal periods?
An employee who is to work 7 1/2 continuous hours or more shall be provided an unpaid meal period of at least 20 minutes. The meal period must be given to an employee no later than 5 hours after beginning work. Illinois has no law regarding breaks. For more information, click here. 820 ILCS 140/3."