lunch hours

jds

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?

LivindonSouth

You're not out in left field. You're in the bleachers. You are the one allowing this practice. Breaks of that duration are required to be paid. They are taking two breaks and just happen to be getting away with coupling them with the lunch period which you do not have to pay. Most places have a rule prohibiting the combining of breaks and lunch except in certain, rare instances.

POPEYE

I copied my post from my response to your same post in the Wage and Hour section:



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.

Leslie

Why don't you just make it an unpaid one hour lunch break and have them work 8 - 5? That's what we do in our admin offices. Some may take short paid breaks here and there - especially the smokers - but it works quite well without designating unpaid break times.

E Wart

First, you should check with your state labor dept. to make sure you don't have "laws" regarding if your state requires any break time and when breaks should be given". If they don't the federal law doesn't require any (even lunch breaks.) However, if you allow employees to take breaks of less than 30 minutes, you must pay them for this.
Now, I think your employees have the best of both worlds. What I think you have done is given them an hour for lunch and no break times (no matter what you call it.) If this is the case, you don't pay them for the 1 hour lunch, whether regular or OT.
If you continue to call it 2 15 minute breaks, you do owe them pay for this time. However, the purpose of breaks is not to leave early or extend a lunch hour, but to take some time off during the day to take a break (thus the name.) I would either do away with the break time and give 1 hour unpaid time for lunch or have your 30 minute lunch and two 10-15 minute paid break, at which time employees cannot leave the premsis and must be taken some where in the middle of the morning or middle of afternoon. (May be you just do away with one of the breaks and let them decide if they want morning or afternoon.)
You really need to get a better handle on this. I hate to tell you, I think whatever you do, the other employees will not be happy.
E Wart

System

Popeye is right about the liability issue and Leslie has a good idea about them working until 5:00. The only problem is they'll still think they're entitled to two 15 minute breaks. The best way to go, IMHO, is to stop the practice of allowing them to combine the two breaks with the lunch time.