Exempt abuseing time
J9JC
91 Posts
I have an exempt employee who is not putting in an 8 hour day. Now that being said, I realize that exempts often work overtime, and sometimes don't work a full 40 hour week but this person is regularly working a 35 hour week and the rest of her department is working late and there is work overflow and we have calculated her lack of hours is almost the exact amount of time others are working late. She claims to her supervisor she works 8 hours striaght with no lunch, yet ever day she is out at lunch and running personal errands. She has left several times for extended periods and they are trying to meet a hard deadline. This office is in NY and I talked to the labor board and they insist we need to make all employees exempt or not, take a 30 minute lunch break. My question is how do I word something saying we expect a 40 hour work week, and they must take lunches? Will I get in trouble saying we expect 40 hours?
My company is really good about only wanting 40 hours, never pushing exempts, but when one bad apple is in the bunch it makes it hard. In her defense the supervisor there did tell them they could all work this way, and did not think anything of it when they were out on errands and such. So rather than discipline at this point I want to clearly state a policy. I cannot seem to get this one straight in my mind....help! Please!
My company is really good about only wanting 40 hours, never pushing exempts, but when one bad apple is in the bunch it makes it hard. In her defense the supervisor there did tell them they could all work this way, and did not think anything of it when they were out on errands and such. So rather than discipline at this point I want to clearly state a policy. I cannot seem to get this one straight in my mind....help! Please!
Comments
It seems to me the supervisor is where to start. Something is happening there for him/her to allow one employee such freedom when the workload is uneven and deadlines are approaching. Plus there seems to be confusion on whether the exempt is actually working 40 hours, as she says, or 35 hours. State law usually dictates about what is required re lunch breaks. I'm not sure exempts fall under those rules.
She does not claim she is working 40 hours per week, she clearly lets us know she is out to lunch and out running personal errands. She is often gone for more than an hour per day. The problem is the others in the dept are/were picking up/covering her work and not mentioning it to anyone, so the work was being done, but the burden is being unfairly put on the others. They have been staying late and such to meet the deadline. She waits for the supv to leave then she leave, things like that.
So at any rate it is my job to fix it all, and I am trying to figure out how to explain to them that we expect a 40 hour week and they will need to take at least a 30 minute lunch.
As to the 40 hours, I would suggest your memo include a statement that says something like, "Office hours are 8 to 5 with a one hour lunch break, and ALL employees are expected to be present during these times to provide customer service, etc. etc. Any exceptions must be cleared in advance with your supervisor."
I would then have your supervisor sit down with this particular employee and say, "It's a new day, and here is what I expect out of you in terms of attendance and performance."
New York
1 hour noon-day period
Statute
Factories
Labor Commissioner may give written permission for shorter meal period under each standard.
30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.
Statute
All other establishments and occupations covered by the Labor Law.
An additional 20 minutes between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m.
Statute
All industries and occupations.
1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m. and 6 a.m.
Statue
See basic standard
"In administering this statute, the Department applies the following interpretations and guidelines:
Employee Coverage. Section 162 applies to every "person" in any establishment or occupation covered by the Labor Law. Accordingly, all categories of workers are covered, including white collar management staff.
Shorter Meal Periods. The Department will permit a shorter meal period of not less than 30 minutes as a matter of course, without application by the employer, so long as there is no indication of hardship to employees. A meal period of not less than 20 minutes will be permitted only in special or unusual cases after investigation and issuance of a special permit.
One Employee Shift. In some instances where only one person is on duty or is the only one in a specific occupation, it is customary for the employee to eat on the job without being relieved. The Department of Labor will accept these special situations as compliance with Section 162 where the employee voluntarily consents to the arrangements. However, an uninterrupted meal period must be afforded to every employee who requests this from an employer.
Not all possible meal period questions can be anticipated and, therefore, these "Guidelines" may not cover all situations that might arise. For additional information or assistance, contact the nearest office of the Division of Labor Standards."
It would seem the supervisor of this individual needs to address the matter head on. If the employee is claiming one thing - working through lunch and the supervisor says otherwise then you need to get the two together.
Lay out the problem and clearly state, "you will stay to complete the needed work - You will not work during your lunch until you can prove you have eraned that privilege."
The straight forward and clear tactic works every time for me.
Good luck.