No break or lunch claim

Evergreen · March 2003

Some former ee's have submitted a claim (several thousands) that they were not allowed breaks or lunch for a peroid of time. As a service organization, sometimes we have to work thru lunch to complete a job. We never denied a lunch and encourage staff to take is later, after the problem is resolved.

Anybody ever dealt with this before?

Crout · March 2003

You need to supply more information with your post such as the type of company you have (profit or non-profit), your business, the state you're operating in, are you unionized or not, etc.

SDDCHR · March 2003

I agree with Crout! In addition, do your research in the FLSA. If they can prove that they weren't given lunch (completely relieved of duties) and they weren't compensated for it, you may want to get ready to pay some claims!

jimlegal · March 2003

Agree with Crout, need more information before an adequate reply post can be made...

Nat · March 2003

Don't know what state you are in but in NC you don't have to give a break or a lunch - you can work employees 24-7 with no break. The problem would be if you automatically deduct, say 1/2 hour, for lunch or whatever break and the employee doesn't get to take it and you don't pay them for it or give them the time later in the same day. Best advise is check with your local wage and hour.

WOCO Frank · March 2003

Nat's right - in most states, your only obligation is to make sure that if you deduct a lunchbreak from their time, the employees have to be completely relieved of their duties during that time. Typical exceptions can be found in state child labor laws, which generally require breaks for employees below a certain age (15 or younger in Missouri).

However... I have lost an unemployment hearing based on the fact that irregular or infrequent breaks rendered a job "unsuitable" for the claimant.

SandiF · March 2003

[font size="1" color="#FF0000"]LAST EDITED ON 03-27-03 AT 01:07PM (CST)[/font][p]Evergreen,

It appears you're in Washington. Here is the law regarding breaks/lunch periods. Hope this helps.

According to Washington State law: “Employees shall be allowed a rest period of not less than 10 minutes, on the employers time, for each four hours of working time. Rest periods must be scheduled as near as possible to the mid point of the work period. Where the nature of the work allows employees to take intermittent rest periods equivalent to ten minutes for each four hours worked, scheduled rest periods are not required.” (WAC 296-126-092).

HCA · March 2003

Talk to your legal counsel, but after reviewing the Wash statute, you have some argument (provided that they were truly never "denied" a lunch break). The statutory language is not mandatory. However, the problem you're going to face is that the employees will say they WERE denied. It will be an easy argument but look to argue that there is no documentation where they complained and make sure your supervisors will back you up (that the employees WANTED to work through lunch). Get ready. It'll be fight and you'll probably pay. Better route: make the employees take the lunch or sign off on a waiver stating they aren't taking it at their own option.

HRPeg · March 2003

Also, what does your handbook say? If you have a policy in place stating that employees will be given a 30 minute (for example) unpaid break for every 6.5 hours worked and then they were not allowed to take it, they can very well state that they were denied their break. FLSA does not require meal or rest breaks.

Pork · March 2003

Evergreen: The bottom line here is: DID THE COMPANY PAY THEM FOR THE STRAIGHT TIME AND OVERTIME FOR THE NOREST AND NO LUNCH BREAKS? If you paid them then it is open and shut case you violated state law. If you took time from them but they can prove by a perponderance of information evidence compiled by the claimant that they were required to work, you loose against Federal Law.

Been there and done that! A clerk in a smal town works for 19 years for her sister the store manager. The clerk has commuted with the store manager for the last 11 years. The store manager has arrived at work at 7:00 AM every working scheduled day without fail the sister has been there but the sister has not allowed the clerk sister to clock in until her scheduled time of 9:00AM store opening time. From time to time the sister ansered the telephone, straightened up the store room, got the window washed, did little nothing acts during the 2 hours on behalf of her sister, the manager. This goes on for 11 years, the sisters have a "blow out and split in their relationshi", the company of course has no record of any of this time nor the numberous of after 40 hours that the clerk was on site but not working. The claimant brings calendars for 11 years with time dates and events that she was allowed to do work for the company for which she had never been paid. Guess who won! $15,000.00 dollars plus fines, and a bitter lesson on the seriousness of this wage and hour law, "PERMIT TO WORK", the company will loose every time against large numbers of claimants you better have some real good proof that will stand up in court with a jury. Gooood lucccck Pork

No break or lunch claim

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