Auto Deduct for lunch & partial days

fridaysoff · June 2005

Trying to re-write and clarify our policy concerning lunch. Currently employees work 42.5 hours per week and are required to take a half hour lunch break each day. It is a use it or lose it situation because several employees would indicate on their time cards that they worked thru lunch and expect to be paid an extra 2.5 hrs per week. Does anyone have a policy for lunch deduction on partial days? We have a couple employees who bring up every potential loophole and we are trying to cover all bases.

nietra · June 2005

If your employees are working thru their lunch the DOL states you must pay. Unpaid lunch breaks must be no less than 30 minutes.

We have a no unauthorized overtime policy. If employees work thru lunch then we pay but begin our discipline process with a warning first.

Are you currently paying if they worked that extra 2 1/2 hours?

fridaysoff · June 2005

Yes, we currently pay. But what I really want to accomplish is to make the policy "use it or lose it" because we do not want them to work through lunch. They get 30 minutes for lunch.

POPEYE · June 2005

Then Nietra's suggestion was right on. Start the disciplinary action with specific steps. Be consistent and make sure what you do for one you do for all that "break" the rule.

fridaysoff · June 2005

Thanks so much. And I suppose when an hourly employee is working a partial day, it should be at their supervisor's discretion whether not they must take lunch. For instance, if someone works 6:00 a.m. to 11:00 a.m., even though it is 5 hrs, I would expect they would have lunch after they clock out. I dislike having to be so specific about every little thing, but we get so many questions.

POPEYE · June 2005

Just get ready. No matter how "specific" you may get, Susie Jane and Billy Jim Bob will always be questioning you about why or how come!!!

Nina I · June 2005

I was just getting read to post my own question when I read this thread...however, I have my own spin on the question: our hourly corporate staff elected (written and signed agreements) to forego a lunch period altogether. Everyone is happy, everyone gets paid for the hours they work, which are usually 8 hours total. Fine, except that DOL says you can't do that. I just read that California clarified their regs, saying that as long as you allow/provide the period, you are not in violation if ees don't actually take it, as long as you pay them for it. However, they specifically state "up to 6 hours"...

Since everyone is happy in our office, we don't want to force the 1/2 hour lunch issue. BUT, as we all know, sometimes "everybody is happy" turns into "someone is not happy," and trouble ensues. Does have any thoughts about what to do in this situation, if anything?

Open1 · June 2005

You might start with a friendly memo (with language added to the employee handbook) along the lines of "as the law states everyone must take 30 minute lunch breaks..." and "we are committed to following the law." The disciplinary steps need to be in place, albeit very gradual. You might even want to have the names and addresses of legislators handy for the die-hards that complain about the unfairness of the law.

Shadowfax · June 2005

I'm not in Ca so don't know what they do...but...I don't understand the comment about DOL says can't do it - do what? DOL does not require a lunch break and if it isn't at least 30 minutes, and they actually take it, you must pay.

Nina I · June 2005

Sorry - meant to say California DOL says the meal break cannot be waived, not even with the written consent of the ee, unless they work 6 hours or less, OR they work in a position where they cannot easily leave their post, i.e. a security guard...so we have written consent, and we do allow the employee to waive it, despite the CA regs. Enforcement is the issue, which is why the CA DOL revisited the issue to begin with. The problem is how to force (or more nicely phrased: ensure) that the ee takes the lunch. We ALWAYS pay if they don't take it - that is not in question. The previous poster suggested gradual discipline, which is a thought...

Auto Deduct for lunch & partial days

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