Require an EE to take a lunch break?? Need to give other breaks?
coloradospecialdistricts
22 Posts
First, we have general confusion as to the law regarding lunch breaks and other rest breaks during the day in the State of Colorado. What breaks are REQUIRED to be offered to a public sector EE, both by the FLSA and Colorado law?? Second, we have an EE who works through his lunch (eats while working) and then wants to leave work a half hour early every day. We believe we can require him to actually take a lunch break relieved from his job duties (unpaid, of course), and to stay at work through his regularly scheduled work hours. Can we REQUIRE this person to take his lunch break and work his regular hours??
Comments
But really, in almost all circumstances, if your organization wants to institute a requirement that everyone take a lunch break of 30 minutes off the clock, you can do so - and the employee's refusal to comply is a disciplinary issue. What you can't do is dock the employee's pay. In other words, if the employee works while eating lunch, even if it's in violation of your policy, your recourse is to pay for the work but discipline the employee in some other way.
Brad Forrister
Director of Publishing
M. Lee Smith Publishers
Some organizations have the clock take a mandatory 1/2 hour to 1 hour out of the employee's schedule. If they work thru lunch, they have to explain why there is an exception on their time. There are pros and cons to this.
It never ceases to amaze me employees that want to "create" their own work schedule whether it suits the needs of the department/organization or not.
Have never heard of actually using a clock that automatically deducts a lunch hour...an interesting idea. In any event, I think we will begin requiring the employee to conform to the regular work hours established by his employer, and to substantiate any hours worked through lunch accordingly.