Paid Lunch meeting?

If we are having a mandatory staff meeting during the lunch time and providing lunch, do the employees have to clock out or should they be paid straight through, putting them into overtime? We are in California and I know the laws are different here than in most states!

Comments

  • 6 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-24-03 AT 00:24AM (CST)[/font][p]If they are mandated to be there during the meal period, even though you may be providing the meal, you still have to pay them for the time since they are NOT relieved of duty during the meal by having to attend the meetng and obviously they are NOT free to leave the premises.

    This situation is specifically addressed in California's regulations on work as addressed in the Industrcal Welfare Commission's Work Orders. Under FLSA, the fact that an emplyee is NOT free to leave the premises for meal period would NOT automatically result in the meal period being considered compensable as work time. 29CFR785.19(b).
    But as I said, California provisions take the opposite approach.

  • You have to pay, and if the people go into overtime for their workweek, you'll have to pay the upcharge. The meeting's mandatory, so it's considered work even though nothing tangible may be produced.

    Don't forget that FLSA also requires break periods, so even though you may be feeding these folks, you might want to change the meal break (which is required for full-time workers) for that day to 30 minutes, rather than whatever your standard is - 45 min - 60 min. Have 1/2 take a 30 min break at 11, start the meeting at 11:30; have the remaining folks take a 30 min break at 12:30 or whenever the meeting ends, so you'll remain in compliance. These meal periods don't have to be paid time, as long as employees are completely relieved of their duties, are not required to listen for phones or field questions or catch up on mail or business reading required to do their jobs, etc. This goes for exempt and non-exempt.

    In California - you all are more strict about these things, so let your boss know now how you'll have to structure time and get an email support from your legal counsel to show h/her if needs be. Just tell your attorney the situation, how you intend to handle it, and let h/her know you need a stamp of approval to show your boss that you are handling the situation correctly.

  • Diane: Where in the FLSA is the requirement for lunch and break periods? CA law may require them, but FLSA?
  • You need to pay them if you are requiring them to attend even if you're providing lunch and if it causes them to fall into overtime, you must pay that also unless you want to allow them time off another time during the day. In North Carolina, employers do not have to provide a break, for meals or any other kind of break, no matter how long the employee works. Check with your state Wage and Hour though.
  • South Carolina operates much as North Carolina does - no lunch or break time is required. Lunch is unpaid time and breaks are considered paid time. If a meeting is mandatory for any reason, the employees must be paid for it. We routinely have what we call "Lunch N Learn" meetings. Even though these are NOT mandatory, we still pay the employees to attend as it helps them do a better job and is a good way to share information and help problem solve issues. Even though we are generous in this respect, we still have employees who insist them did not get a lunch break and want to take another one after the meeting!

    We also occasionally have benefit meetings during lunch period. We also pay employees who attend these meetings to encourage them to participate in our benefit programs.
  • Further, there is a penalty of one hour straight time pay for each day that an employee does not get their lunch or break times. If they are having a staff meeting during lunch they are working and not having a real lunch, at least as Ca. sees it.
Sign In or Register to comment.