But I took a break!

skippy · November 2001

We use a timeclock that intergrates with our payroll system. It clocks to the minute. If an employee comes in at 8:00 am and punches out at 1:30 forlunch, the time report will show that they worked 5 1/2 hours. Because the law requires employers to provide an paid break of 15 minutes for every 5 hours worked (or a 30 minute unpaid lunch), I'm having this employee complete a form that states that they in fact took a break during the 5 1/2 hours worked.
Is this overkill? Is there a better way?

WOCO Frank · November 2001

Is that a state law?

Linda_CA · November 2001

In California it is.

Down_the_Middle · November 2001

I do think it would be overkill...... Rest breaks are normally up to the department supervisor, workload permitting, so I'm uncertain as to the value of the employee signing something. It's unclear about whether you are an HR person or department supervisor, but rest breaks are not normally in HR's purview. The supervisor controls this.

The meal break is normally handled by automatically deducting 30 min's from the employees paycheck (assuming they work the 5 hr minimum) and if the employee actually works the meal period, then the supervisor signs off authorizing payment. Again, it's not necessary to have an employee sign something to take a meal break. The employee either punches out or has the time deducted from their daily work schedule. I think this is the easiest way to handle this issue.

Linda_CA · November 2001

It is state law in CA that employees take breaks and meal periods. If they don't an employer is require to pay a penalty to the employee for each period missed.

We have our employees sign a certification at the end of each week that they are complying with both state and federal law and they are taking rest periods and meal periods according to firm policy. This is a very serious matter in California.

WOCO Frank · November 2001

But is it a state law in NH?

The requirements for break/meal periods are, IMHO, among the most misunderstood in basic employment law. Many people take the ol' 15-and-30 principle as carved in stone, but in most states it is not. I've had to appeal two unemployment decisions that were based on incorrect assumptions about break requirements... and those were decisions made by state officials!

Carol CA · November 2001

We have the same type of a timeclock situation where they get paid to the minute and the hours are sent to payroll. We are a plant manufacturing facility so everyone has scheduled lunch and break periods. We automatically deduct the break and lunch times so they only have to clock in at the beginning of the shift and out at the end of the shift. If anyone has any exceptions, we will enter a correction. It is California law (where I am) that these employees get the breaks and lunch so it is part of our culture that it always happens. Therefore we do not have them sign off on any statements. They do have a manual timecard they complete at the end of each week, however. That is were we would be able to receive confirmation, which they sign, of the hours worked.

But I took a break!

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