Paid breaks

catherinetnc · May 2005

[font size="1" color="#FF0000"]LAST EDITED ON 05-13-05 AT 11:24AM (CST)[/font][br][br]I know that there is no Fed law requiring breaks or rest period. I know that the CFR says if you allow short breaks, they must be paid. Our company has always had a policy that non-exempts get two 15 minute breaks a day (paid).

I just found out that our Ohio branch has been making employees "clock out" for their two 15 minute breaks. Since 2002.

So, essentially, it seems to me that we owe the employees who had to clock out for their "paid break" 30 minutes for each day they have worked since 2002.

Anyone see it any differently?

As always, any guidance is greatly appreciated.

Thanks-
Catherine Thomas

System · May 2005

Are you sure they were not being paid? Perhaps the "clocking in/clocking out" was merely meant as a timekeeper.

pork1 · May 2005

CATHERINE: This is a very important question, be sure you research this first before gathering time cards and sheets for re-calculation. Did this information come as a complaint, an inquiry, an audit, or what?

PORK

catherinetnc · May 2005

The manager was using it as a timekeeper and he was not paying them for the time they clocked out.

They had the choice to punch out for two 15 minute breaks and one 30 minute lunch, or punch out for one hour lunch with no breaks.

I don't have a problem with the lunch punch-outs, but our corporate policy is two 15 minute paid breaks a day.

It was an inquiry from a frustrated employee.

Not a complaint yet.

Hope to nip it before that. We've straightened the manager out on the policy - now we have to find the dang time cards.

I appreciate any further advice you may have!!!
Thanks!

Catherine

crawfod · May 2005

Catherine, how many employees have been affected by this situation since 2003? My math says you're dealing with 2.5 hours per workweek.

NaeNae55 · May 2005

First, you need to call them in and turn them over your checkered apron.

Then have them repeat over and over, "Bad Boss. No-no! Employees don't have to clock out for breaks. Bad Boss. No-no! ...."

crawfod · May 2005

First, I would agree you have a problem. Your Ohio branch has violated your company's policy by not paying them properly, plus FLSA rules have been violated. The question is how do you rectify the situation besides the obvious change being to immediately start paying them for breaks. I'm also surprised no one complained during all this time.

I noticed you put "clock out" in quotation marks implying they didn't really use a punch machine. Do you have physical proof of what each employee did for these past 3 plus years? Several other thoughts come to mind for me. You could be dealing with a lot of money depending upon how many employees you have. Overtime money may be owed as well, if the 30 minutes didn't count when they should have. You may have separated employees who were improperly unpaid that are owed restitution.

I would seek legal help to understand your obligations. Perhaps there are statute of limitations that say how far back you must go to correct this type of problem. Normally, FLSA rules say two years for unintentional mistakes. On the other hand, if you're talking about two employees being affected, I might approach them both and discuss a settlement that didn't involve hours and hours of research. I don't envy someone the major project of checking years of time sheets, looking for the break times checking in and out. How would you count someone who only took a 8 minute break?

Sorry for your dilemma. A lesson for the rest of us, especially for those of you who have more than one work location.

catherinetnc · May 2005

thanks-
I agree with everything you write, and I appreciate the sympathy.
One good thing is that I was wrong about the date - it didn't start in 2002, it started in 2003. One less year to research.
Thanks again-
Catherine

Paid breaks

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