Comments on: Breeding ground for FLSA lawsuits

By: whyHR

whyHR — Sat, 10 Oct 2009 17:06:56 +0000

Anyone want to comment on non-exempts working unsupervised on weekends (we are a M-F company) so they can make-up missed time from the previous week?

By: C L Greer

C L Greer — Thu, 06 Aug 2009 18:39:20 +0000

KD did not state what the HR mgr’s problem was? I’m curious.

By: Helen

Helen — Mon, 20 Jul 2009 18:11:56 +0000

Pat –

I would be careful with “automatic” lunch hour deductions. If someone worked through lunch, even if the time clock automatically clocks them out, the employee can come back and say “but I worked through my lunch hour” – and DOL is going to lean towards the employee, doesn’t matter if they were clocked out or not….if they worked, they worked and you must pay them. I still say the policy manual will back you in that someone should be written up for not leaving their desk to take their lunch if the manual says that they must be “relieved of their duties” for the lunch break.

By: NJ

NJ — Thu, 16 Jul 2009 21:01:19 +0000

Sandy,

I agree with Helen. Pay them and then write them up. I hate being the time clock cop but it’s the only way to protect the company.

By: Pat

Pat — Thu, 16 Jul 2009 17:10:42 +0000

Sandy, our employees know the policies, but some tend to work through breaks. We have a time clock system that automatically deducts for lunch. The employees do take their lunch, because they know they are getting docked for it.

By: KD

KD — Thu, 16 Jul 2009 16:53:27 +0000

I dont have a comment but a some problem. Can anyone give me a solution for this. Where do you turn to when the HR Manager has a problem?

By: SA

SA — Sat, 11 Jul 2009 01:02:40 +0000

Several years ago we faced fines/penalities for allowing employees to “suffer” work while on lunch break. Our solution, we began paying all meal periods. If an employee left the premises during lunch we required them to clockout. Problem solved. We staggered start times and capped each day at 8 hours. If the phone rang at lunch someone put down their sub-sandwich answered it…while getting paid to do so. Employee approval went skyhigh!

By: Helen

Helen — Fri, 10 Jul 2009 16:17:08 +0000

Sounds to me like Sandy has a displinary action situation. Our company will bring disciplinary action if someone works through their lunch without prior arrangements or permission – it is written into company policy and therefore a policy violation if not adhered to…this includes supervisory sign offs. Granted, you still have to pay them if they worked through the lunch but it will only happen so many times before termination for policy violation gets through the staff’s heads.

I would tighten up, if not already, on the policy of breaks and lunches and if supervisor’s aren’t signing off then they are not living up to the duties of their job.

By: Sandy

Sandy — Fri, 10 Jul 2009 14:48:53 +0000

There are no mandatory breaks in my state, BUT we have employees who do not take lunch. They intend to leave before getting 7 hours in but it doesn’t always happen. We also have employees who don’t clock out because they “forget”. We deduct that break because we know they took it. Then the question arises to how long was the break.
My problem is how do I know that one is taking a break and one is not? We try to get the supervisor to sign off on working through lunch but it doesn’t always happen.
Anybody have an efficient system in place, that will keep the company out of trouble?