salaried lunches

gbrown · February 2005

I have a salaried employee who I make clock in and out so that there is no dispute about overtime etc. Now she has stopped clocking out for lunch and just working a 8 hour day that includes her lunch (usually 15 to 30) minutes. Her argument is that she is still in the building and working while she eats. I say she has to work at least 8.5 hours and take a minumum half hour unpaid lunch or we are violating state break rules.

Don D · February 2005

You don't say if the position is exempt or non-exempt. If she is salaried, non-exempt, I see no problem with what you've told her from a federal (FLSA) perspective. My state does not have state break rules, so I can't address that.

SMace · February 2005

I'm assuming you are a library or a school because otherwise, there are no break rules. Here is the summary I read:

Duty-Free Lunch

Under Tex. Educ. Code Ann. § 21.405, classroom teachers and full-time librarians in public education are entitled to at least a 30-minute lunch period free from all duties and responsibilities associated with instructing and supervising students.

For me the key word in that statement is entitled. It doesn't say required. If she doesn't take the lunch I do not think you are breaking the state break laws. You do have the right to set her working hours and if you want her to work 8.5 hours w/ a 1/2 lunch you can do that.

Shadowfax · February 2005

Yes, but, if she is working while she eats, then it is a paid lunch break. If she works thruogh an 8.5, and she is not 'exempt' then you will be on the hook for o/t over 40. I agree with Smace re the break and state law.

SMace · February 2005

Shadow is exactly right. If you tell her to take the break and she doesn't, you still have to pay her. But you can deal with the situation on a disciplinary level.

pork1 · February 2005

GBROWN: I for one would like for you to clarify your personal role as??????? The (I) words and this forum for HRs does not allow for easy posting of words to help you with your personal concerns!

Welcome to the forum!

PORK

SMace · February 2005

x:-/

salaried lunches

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