Paid Meal Breaks

System · May 2005

We have always paid for meal breaks, and currently have no time clock. Non-exempt are scheduled for 8 hours (not 8 & 1/2) to cover a 30 minute meal break. We are looking at getting a time clock, and we were starting to implement a policy concerning breaks. If the meal break is compensated for, does it have to be 30 minutes? Or can it be 20 minutes since we are paying for the break?

Shadowfax · May 2005

[font size="1" color="#FF0000"]LAST EDITED ON 05-24-05 AT 07:18AM (CST)[/font][br][br]See 29 CFR 785.19 to 23. The rule is that any break up to 20 minutes is a paid break. Lunch breaks are "generally 30 minutes...a shorter period may be enough under special circumstances..."
Sorry, I didn't complet the thought. I guess there is no reason you cannot give a 20 min paid break and let them eat their meal, or you could let them eat at the work station and keep working as long as you pay for the time. To be bona fide 'unpaid' break, it must be 30 mins (except for 'special circumstances'(whatever that is) and they be completely relieved from work.

E Wart · June 2005

As mentioned, in TN you are required to give meal breaks, whether paid or not. However, there is a sort of exception (and I talked with their labor dept about this.) If an employee has a job where they are able to take what I call "mini breaks" at their work station, and break while they work, you can allow this. However, it is recommended that you have a written request from the employee. (i.e. We have an office supv. who wants to leave early because of children situation. She doesn't take a paid or unpaid meal break. However, she is allowed to eat at her desk and go to the rest room and whatever periodically through out the day. She requested this and we got it in writing. Otherwise, (because of TN, not fed) you better have something to show that they were given a break, whether paid or not.
E Wart

Brad Forrister · May 2005

Tennessee law requires most employers to give a lunch break of at least 30 minutes for each shift. You can pay for it, though you don't have to. But I don't think you can get by with a 20 minute break.

Brad Forrister
VP/Content
M. Lee Smith Publishers

pork1 · May 2005

TBhrCADAS:

Yes, if I'm reading your post correctly! If the meal break is compensated for, does it have to be 30 minutes? 30 minutes or more depending on how the employer wants to use this shut down time.

Anytime, "once some employee enters the 30 minute or more meal break" to accomplish any work activity, even answering the telephone, the meal break period starts over.

A 20 minute meal break is considered to be inadequate time for a good rest break. You can not force anyone to eat, but you should provide them the personal time available to eat or do whatever they want to do with their personal time.

Our accounting department has just announced that they are adjusting their office hours from 7 to 4 with a one hour meal break. With summer time they find the 7:00 AM Start time to better fit their business needs to serve/support, they will retain their 1 hour lunch break at 12:00 NOON, which means they will only have to work 3 hours in the afternoon and have more time with family, yet get the office work done, as usual.

PORK

Paid Meal Breaks

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