Free Lunch, State of Il.

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?

Comments

  • 7 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-09-05 AT 06:33PM (CST)[/font][br][br]Federal law, the Fair Labor Standards Act, requires that you pay them for their lunch time if you required them to work through it. Payroll in your case is wrong. It matters not one whit what your written policy says. It boils down to what you had them do or knew they were doing, and even sometimes, what they did while you were not aware. In this case, you gave them an assignment requiring that they effectively 'work through' lunch, and they are due overtime.
  • Piper: If a company allows an employee to work through lunch and performing any company work,they must be paid for that time.

    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.





  • PIPER: Welcome to the forum.

    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
  • I agree with the others, you owe them money. You also asked where this type info is, and you can do a Search for State of Illinois DOL. Then go to their "Keywords" section and type in Lunch Breaks, and it will bring up your state laws. I believe it reads employees scheduled for 7.5 hours are entitled to a 20 minute lunch break starting no later than 5 hours into their shift.

    Note the other topics on this website, as state laws can be more generous than the Federal FLSA or other Federal programs.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-12-05 AT 06:33AM (CST)[/font][br][br]We had some of this discussion a few weeks ago (Shary MN Meal Breaks). To reiterate, I see the FLSA as requiring at least 20 minutes of 'rest' break to be unpaid, and 30 minutes of 'lunch' break to be unpaid. If Tn law as relayed by Crawford says 20 minutes for lunch, I don't think that trumps the FLSA's 30 minute lunch - but fortunately, I don't have to deal with that inconsistency. If they're relieved for 19 minutes of their rest break - it is a paid break; if they work 1 minute of their 30 minute lunch break - they're paid.

    Sorry - guess you were quoting Il law not TN. Same analysis.
  • You're right, Shadowfax, I was quoting Illinois law, not TN, but now I'm confused. I copied the below from the Illinois DOL website, which is where it states 20 minutes, but, on second thought, I didn't think a State could have a rule that was less favorable to employees than the Feds, only more favorable. This Illinois law would seem to violate the Feds rule. If I lived in Illinois, I would call the state DOL to clarify this discrepancy.


    "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."


  • I don't know why I used the word overtime. I meant 'pay'. This is my mistake for 2005. Made it halfway through May.
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