Paid Lunch meeting?
phelderle
1 Post
If we are having a mandatory staff meeting during the lunch time and providing lunch, do the employees have to clock out or should they be paid straight through, putting them into overtime? We are in California and I know the laws are different here than in most states!
Comments
This situation is specifically addressed in California's regulations on work as addressed in the Industrcal Welfare Commission's Work Orders. Under FLSA, the fact that an emplyee is NOT free to leave the premises for meal period would NOT automatically result in the meal period being considered compensable as work time. 29CFR785.19(b).
But as I said, California provisions take the opposite approach.
Don't forget that FLSA also requires break periods, so even though you may be feeding these folks, you might want to change the meal break (which is required for full-time workers) for that day to 30 minutes, rather than whatever your standard is - 45 min - 60 min. Have 1/2 take a 30 min break at 11, start the meeting at 11:30; have the remaining folks take a 30 min break at 12:30 or whenever the meeting ends, so you'll remain in compliance. These meal periods don't have to be paid time, as long as employees are completely relieved of their duties, are not required to listen for phones or field questions or catch up on mail or business reading required to do their jobs, etc. This goes for exempt and non-exempt.
In California - you all are more strict about these things, so let your boss know now how you'll have to structure time and get an email support from your legal counsel to show h/her if needs be. Just tell your attorney the situation, how you intend to handle it, and let h/her know you need a stamp of approval to show your boss that you are handling the situation correctly.
We also occasionally have benefit meetings during lunch period. We also pay employees who attend these meetings to encourage them to participate in our benefit programs.