Combining breaks with lunch

SandiF · November 2002

We have a situation where we have another location which was once its own independently run company, and now its employees are legally considered ours. They still operate independently, but we are responsible for any issue that relates to HR. I had one of their employees call me and I'm afraid of the answer I'm going to get.

The employee works 8-5, nine hours, with an hour break/lunch period. Because it is hard for them to get away from their work area, they have combined their lunch with their breaks. Normally, an employee would take an hour unpaid lunch and two paid 15-minute breaks (Washington State requires a 10 minute break if emp works 4 hours).

The employee thinks she's entitled to overtime pay of 30 minutes for each day she works. Am I confusing you yet?! It seems to me that we would owe her for the breaks she didn't get. Does this make sense? I need help! What a nightmare to calculate back pay. Thanks for your help.

Rockie · November 2002

When I first came to this facility, we had the same issue. We do not have "designated breaks" where we have to give so much in the morning,so much in the afternoon, etc. We simply allow people to take a couple of minutes when they need to. We do not allow employees to combine break time which is paid time, with lunch which is unpaid time. If an employee is allowed/required to work through lunch, then, of course, they will have to be compensated for it. Breaks times are compensable, period.

Theresa Gegen TX · November 2002

What I can't understand from the facts is: How many hours did the employee work per day. Sounds like she worked eight hours a day, for 40 a week, and got paid for it. She would not be due overtime unless she worked more than 40 hours a week. If she only worked 40 hours, she is not due overtime.

If she missed an paid break, I don't know that the law would require her to be paid more for missing the break. There may be some administative penalty attached to not giving employees the break, but I wouldn't assume that the remedy is overtime. And if it was her choice to miss the paid breaks, so that she could take more time at lunch, I sincerely doubt she would have claim.

SandiF · November 2002

Theresa,

Thanks for your response. After talking with the employee's supervisor,I have cleared up some things. When you work 8-5, you are due an hour lunch. It should have been explained to this employee that the hour she took was her lunch hour, not a half-hour lunch and her two 15-minute breaks combined. In this situation, with an hour lunch, we must additionally give employees the two breaks. However, Washington State law only requires 10-minute breaks and if the employee has intermittent down time throughout the day equalling a total of 20-minutes, formal breaks are not required. This employee is allowed to leave her area to get coffee, etc., so she gets her breaks this way. We need to explain this to her, and there shouldn't be a problem, legally.

neveradull · November 2002

Also being in Washington, my understanding is that rest periods are paid time and I am assuming that you provide 15 minute breaks instead of the 10 minute breaks as required. Therefore, according to my math you owe the employee for 8.5 hours per day (only have to pay overtime for hours actually worked over 40 in a work week). Your only out, as I see it, is if the employee has the opportunity for, and takes shorter/intermittent rest periods during the day that equal these thirty minutes in which case she would be taking an hour unpaid lunch and working 8 hours a day.

In a meeting with our employment law attorney earlier this week I was advised that non-exempt employee can not be required to work more then 3 hours without a rest period. This question came up because we have employees in one department that elected to combine their breaks into their lunch period. (they wanted a hour lunch instead of 30 minutes). This combining of rest periods and lunch was granted several years ago, and we paid the 30 minute rest period. Now I have a new employee who insists on having her rest period within the three hours worked in the morning and afternoon. I now have the task of informing these meployees that they must schedule a morning and afternoon break, and that if they want an hour lunch their work hours will be extended 30 minutes ie. from 4:30 to 5 pm. TGIF

Combining breaks with lunch

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