Meal Breaks
Shary
9 Posts
We provide a one hour meal break for all full-time nonexempt employees, but require that they take at least 30 minutes. If someone only takes 15 minutes, is that 15 minutes unpaid or since it is less than 30 minutes is it treated like a break and it would be paid? Or, if they only take 15 minutes but we require 30 minutes, can we deduct for 30 minutes even if they only take 15?
Comments
Welcome to the forum!
[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.18.htm[/url]
Now, your concern is a management issue and the supervisors must be trained to get the employees away form the PHYSICAL ACT of working. 20 minutes, 30 minutes, 1 hour, 2 hours, it makes no difference. If the supervisor allows the ee to start back to work early then deal with the supervisor and train her/him as to the facts of the law.
I know, I know, I know, PORK has said it before you are fighting the wrong battle, "put the action on the back of the management chain of authority" and your HR life will be less painful. We pay every minute that is on the time card or sheet, and no longer worry about meal & rest breaks. We monitor the issue and pay regardless and then follow up with the troubled division.
PORK