Breaks
jrmvt
21 Posts
Have questions about paying for breaks. We offer our employees 2 paid 10 minute breaks per day (10 AM and 2PM) and an unpaid 30 minute lunch.
We have given employees the opportunity to come in early to help us get some work caught up (we are Ag Production and exempt from overtime). These employees have been coming in around 7AM (regular workday starts at 8AM). They are clocking out about 5-10 minutes before 8AM to socialize with the other employees just arriving at work, and then they all clock in at 8AM. The owner and I are unsure how to handle this. She has a philosophical problem with paying employees for time they are not working (getting those two 10 minute breaks was quite a coup), and believes they should completely clock out for this third break and not be paid for it. I see it as a break of less than 20 minutes and that they need to clock out for a Break (seperate choice on the timeclock) so that it will be paid - per FLSA. Who's right?
Second question - When employees clock out to take care of personal business (make doctors appointments, call bank/credit card company, etc.), usually they don't have any idea how long it will take. If they also take their 2 other breaks and lunch during the day, is this time compensable (if under 20 minutes)? My gut says yes and if there are too many of these "extra" clock-outs going on, its a discipline problem.
Thanks for the help!
jrmvt
We have given employees the opportunity to come in early to help us get some work caught up (we are Ag Production and exempt from overtime). These employees have been coming in around 7AM (regular workday starts at 8AM). They are clocking out about 5-10 minutes before 8AM to socialize with the other employees just arriving at work, and then they all clock in at 8AM. The owner and I are unsure how to handle this. She has a philosophical problem with paying employees for time they are not working (getting those two 10 minute breaks was quite a coup), and believes they should completely clock out for this third break and not be paid for it. I see it as a break of less than 20 minutes and that they need to clock out for a Break (seperate choice on the timeclock) so that it will be paid - per FLSA. Who's right?
Second question - When employees clock out to take care of personal business (make doctors appointments, call bank/credit card company, etc.), usually they don't have any idea how long it will take. If they also take their 2 other breaks and lunch during the day, is this time compensable (if under 20 minutes)? My gut says yes and if there are too many of these "extra" clock-outs going on, its a discipline problem.
Thanks for the help!
jrmvt
Comments
[url]www.dol.gov/esa/programs/whd/state/meal.htm[/url]
and
[url]www.dol.gov/esa/programs/whd/state/rest.htm[/url]
I did not see Virginia listed on either site which indicates there is no federal mandate for either meal or rest breaks. However, rest periods of short duration (15-20 minutes) are generally common in most industries as well as a 30-minutes meal break. The rest and meal periods need not be paid unless statute indicates otherwise.
If your employer wants to allow the folks coming in early an additional 5-10 minute break in addition to the regularly-scheduled two 10-minute breaks, it appears you can either allow it and maintain happy morale, or deny it and face any potential grumblings.