lunch hours

jds · September 2005

Our secretaries have an 8.5 hour shift (i.e. begin at 8:00 am and end at 4:30 pm). They have a 1/2 hour unpaid lunch and 2 15-minute paid breaks. However, they take their 2 breaks in conjunction with their lunch. They are allowed to leave the offices during this 1 hour period and are completely relieved of duty. In terms of computing "hours worked" for FLSA purposes, it is my contention that they are only "working" 7.5 hour days (and thus 37.5 hour weeks) because the 1 hour combination lunch/break period does not count as "hours worked." Therefore, we have an extra 2.5 hours per week we can require them to work without paying overtime. Am I out in left field on this?

POPEYE · September 2005

The first thing I would do is:

Not allow the breaks to be bundled with lunch.
The primary reason for additional paid breaks
is to give the EE an opportunity to relax from
the normal working environment. You are paying them for this 30 minutes and have every right to tell them when to take it.

It also sounds from your post that you allow them to leave the property during this time. Since they are on "your time" for 30 minutes, you are
opening your company up for liability issues should someone have an accident off premises while "on the clock."

To answer your question, your EEs are actually working 40 hours because the 30 minutes a day of paid breaks is counted as time worked.

jmcaa · September 2005

Just as Popeye suggests, I would NOT allow the two 15 minutes breaks to be taken at lunch with the employee leaving the premises during that time.

If the secretaries still want the 1 hour lunch, I would expect them to work until 5:00 pm each day. If they want the 1 hour lunch but don't want to work until 5:00 pm each day, I would only pay them for the 7.5 hours per day. They should still take their paid 15 minute breaks morning and afternoon.

You don't say who has "allowed" them to combine their breaks and 1/2 hour lunch period......do you have an employee handbook? Does it state anything about breaks and lunch periods?

Shadowfax · September 2005

Or, give them an hour lunch and do away with the breaks. Breaks are not mandatory (in MI), and while breaks do serve a legitimate purpose, I think they are not so important in the office setting as they are on the floor.

Ranger · September 2005

We had a similar problem with office ee's taking their two paid 9 minute breaks and lumping them together, leaving for a quick paid lunch of 18 minutes (stretched to 20-30 minutes). I just changed the policy stating that "office ee's receive two 9 minute breaks -- one mid-morning and one mid-afternoon. If their workload does not permit a break at these times, the 9 minute break is forfeited".

Rockie · September 2005

Breaks are generally considered paid time and lunch breaks are unpaid. I would not "lump" them together.

Either give the employees an hour for lunch or continue with the 1/2 hour for lunch and break in the AM and one in the PM.

In South Carolina, breaks are not mandatory (neither is lunch, if you can believe that!). It's up to each department when and if employees are allowed breaks. If they are allowed breaks, they are quick and employees are not allowed to leave the premises.

lunch hours

Comments