Punch in and out for lunch break
Roman
15 Posts
Normally, hourly (nonexempt) employees do not punch the clock (clock out and in) for lunch.
Our pay/time keeping system automatically deducts a half hour from the normally assigned shift because we do not pay lunch. Employees are present for 8.5 hours and are paid for eight. We only ask people to punch out and in for lunch if they leave the premises.
I have been advised that the latest FLSA rules would require punch out and in for every lunch regardless of what the employees do. If employees choose to work through lunch and the system automaically does not pay lunch, there could be a problem.
I don't agree with this. Our policy states that employees are expected to take a half hour for lunch. We should not have to require punch out and in to prove that the employee took a required unpaid lunch break.
Does anyone else see it this way?? If the employee does work through lunch, it would be only through supervisor's approval and would be by way of exception.
Roman in Michigan
Our pay/time keeping system automatically deducts a half hour from the normally assigned shift because we do not pay lunch. Employees are present for 8.5 hours and are paid for eight. We only ask people to punch out and in for lunch if they leave the premises.
I have been advised that the latest FLSA rules would require punch out and in for every lunch regardless of what the employees do. If employees choose to work through lunch and the system automaically does not pay lunch, there could be a problem.
I don't agree with this. Our policy states that employees are expected to take a half hour for lunch. We should not have to require punch out and in to prove that the employee took a required unpaid lunch break.
Does anyone else see it this way?? If the employee does work through lunch, it would be only through supervisor's approval and would be by way of exception.
Roman in Michigan
Comments
Best wishes.
We have the same type of policy and a timeclock that automatically makes the deduction as well. However, we also require that the employee physically punch in and out. It is for consistency and accountability. We have had a few instances of employees saying we have not given them a break and it was automatically deducted, which docked their pay, and they were due the time, which was conveniently overtime. Thank goodness we had surveillance to prove this was an bogus complaint.
(By the way, we had an older employee die of a heart attach while sitting at his work station eating lunch. They didn't clock out at this location. Luckily we had a very understanding family and they didn't put it being on working hours, but certainly could have (especially since he was siting at work station and never clocked out.)
If you have a choice, DO it.
E Wart
Based on all the information and our "Murphy's Law" syndrome, I guess it is best to have the employees punch in and out, my reluctance is the missed punches in and out which just increases the headache of payroll.
I hope others respond to this.
Thanks
Elizabeth
If they work through lunch, which is very, very rare, they must write in No Lunch or Worked through Lunch.
Down the road, we plan on clocks that will also track jobs and costing. They will probably be required to punch in and out for lunch.
Based upon the "long punching" advice in the handbook, I advised the employer to post a sign near the time clock that states that the clock will automatically deduct 30 minutes for lunch and that employees should report if they have worked during their lunch break. An adjustment sheet should be available for reporting such discrepancies. This calls into play policies regarding overtime, preapproval, etc.
I also spoke with a DOL representative. He agreed this should be adequate. [Of course, how much help will this be if we get audited or involved in an FLSA suit?]
The overreaching idea is to have ACCURATE time records. I think the posted sign and the adjustment sheet idea should work.