Employer Paid 15 Minute Breaks
bragaw
36 Posts
We have a nonexempt ee who would like to work through her paid work breaks (15 minutes 2 hours into her shift and 15 minutes 6 hours into her shift) to make up time for occasional scheduled doctor appointments. She is not on FMLA.
Her supervisor would like her to come in early or work late to make up the time and would also allow her to work 1/2 hour of her usual 1 hour lunch break.
If we already pay our ees for the two 15 minute breaks but the ee agrees to work through them would she be, as the supervisor has said, "double dipping"? Is there any law or regulation that prohibits the employer from allowing her to work through her two paid 15 minute breaks in order to make up lost work time? Please note that our state require employers to provide our ees with 1/2 hour rest or meal break every 6 hours.
My thought is that this "double dipping" theory is a red herring but cannot tease out the logic without help. Many thanks in advance.
Her supervisor would like her to come in early or work late to make up the time and would also allow her to work 1/2 hour of her usual 1 hour lunch break.
If we already pay our ees for the two 15 minute breaks but the ee agrees to work through them would she be, as the supervisor has said, "double dipping"? Is there any law or regulation that prohibits the employer from allowing her to work through her two paid 15 minute breaks in order to make up lost work time? Please note that our state require employers to provide our ees with 1/2 hour rest or meal break every 6 hours.
My thought is that this "double dipping" theory is a red herring but cannot tease out the logic without help. Many thanks in advance.
Comments
Also, you may want to check and make sure this supervisor isn't allowing any of their employees to work on UNpaid breaks - that could definitely get you into some wage and hour hot water!