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Lunch Periods
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Lunch Periods
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My question is this: is it appropriate for us (non-profit organization) to require non-exempt employees to take their lunch break before a certain time each day? Let me explain why I am asking:
We ha
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Forums » Topic Forums » Legal Forum » Lunch Periods
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Lunch Periods
posted at 5/10/2010 5:22 AM EDT
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Posts: 12
First: 4/13/2010 Last: 9/16/2010 |
My question is this: is it appropriate for us (non-profit organization) to require non-exempt employees to take their lunch break before a certain time each day? Let me explain why I am asking:
We have 2 people in our organization 1. Maintenance guy is currently scheduled to work from 8:30-4:00 with a half hour lunch. He takes his lunch from 3-3:30 which leaves only 1/2 of work time for the day. 2. Housekeeping works from 6:00am-1:30pm with a half hour lunch. She usually takes her lunch from 12-12:30 which only leaves an hour to the work day. I wonder how much work is actually getting done during the last half hour or hour of their schedule. |
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Lunch Periods
posted at 5/10/2010 5:59 AM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
VERY appropriate.
It is up to management to set the schedule, NOT the employees. And I am willing to bet there are days where they just don't fit lunch in such that it allows them to actually leave early without ever taking one. Generally, most employers schedule lunches at about the 1/2 way point of a shift. Even if that is earlier than standard lunchtime. |
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Lunch Periods
posted at 5/10/2010 6:20 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
You can and should direct when lunch periods and other breaks are taken. In fact, in some jurisdicions you must do this to ensure compliance with state or local law.
Not only does this help maintain productivity, as you seem well aware, but it also ensures proper focus and availability of the worker. |
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Lunch Periods
posted at 5/10/2010 6:39 AM EDT
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Posts: 12
First: 4/13/2010 Last: 9/16/2010 |
ok, so if want the housekeeper to take lunch from 11:00 - 11:30 or the maintenance guy to take lunch from 12 to 12:30 we can change it now if we want even though they've been doing those other hours for a while? how should we address them with the change?
Also, after how many hours of work are you required by law to give a lunch break - is it based on hours of work each day or total hours worked in a week? |
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Lunch Periods
posted at 5/10/2010 6:51 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Lunch breaks are a matter of state law; federal law does not regulate them. Some states have a provision that a lunch break be provided for every 6 hours of work, some simply state that a meal break must be provided, and some don't address it at all.
Check your state's Department of Labor website - if there's any regulation of a meal period, it'll be in the wage and hour section. |
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Lunch Periods
posted at 6/29/2010 5:55 PM EDT
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Posts: 1
First: 6/29/2010 Last: 6/29/2010 |
DOL:
..."Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked"..."Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable." California: "...No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the dayâs work the meal period may be waived by mutual consent of the employer and the employee..." If working 8 hrs/day it could be the best taking lunch time after 4 hrs., if necessary, then after 5 hrs, more than 5 hrs. needs authorizations, both parties. Other issue is that only the employer will say when, at convenience of the company's working life. I hope you have the answer for your question. |
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Lunch Periods
posted at 6/30/2010 5:03 AM EDT
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
It may be appropriate legally and it may even be a good practice in general, but if you are saying you only have these two employees and that it has been an on-going practice, and nothing appears to be "broken", what do you stand to gain by enforcing a restriction? Are you unhappy with the amount of work being done? If you are, focus on that.
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