question about lunch break
Former Moderator
Joined: Jun 2003
Posts: 18,852
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From: New York
My usual 'shift' is eight hours and forty-five minutes long five days a week. There is no overtime in that. I don't clock in and out for lunch, I'm just allotted an unpaid 45 minutes as a lunch time that includes food procurement and/or preparation, not just consuming. When someone leaves their workstation and they're not performing a work-related function, they're either taking a brief break (paid) or they're off the clock.
Thread Starter
Joined: Mar 2002
Posts: 112,963
Likes: 150
From: Doh!!
update (FWIW)
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
Former Moderator
Joined: Nov 2001
Posts: 59,195
Likes: 1
From: Ventura, California, USA
update (FWIW)
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
Registered User
Joined: Aug 2007
Posts: 1,148
Likes: 0
From: SLC, UT
Originally Posted by S2020' timestamp='1308347422' post='20694306
update (FWIW)
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
If she can't be honest and is willing to lie/steal for something as small as a dollar or two, what do you think will happen when she has a chance at something bigger?
Registered User
Joined: May 2006
Posts: 7,659
Likes: 3
From: Braselton, GA
update (FWIW)
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
We talked. She agreed to clock out before getting lunch but somehow this week I have caught her clocking out with lunch already in hand a couple of times.
still need to work on old habits I guess. Also, life is too short and hard to be picky about lunch clock. I guess we have to pick our battles.
anyway, thanks again to everyone for the inputs.
Yes i have sat in front of plenty of magistrates for corporations that required a manager to be present at the labor hearings. Its a HUGE waste of time.money for the employer.
Registered User
Joined: Apr 2001
Posts: 8,601
Likes: 1
From: La Habra
Amen. Do not fail to document it right now and pile up some warnings too. Maybe you will never need it but you're that @sshole who ate Detroit if you need it later and slacked off on doing it.
Banned
Joined: Oct 2005
Posts: 11,920
Likes: 1
From: Rancho Palos Verdes, Ca.
OT Question....
Why do they call it "Working the 9-5" if 9-5 is technically 8 hours (not including lunch break).... Last
time I checked, typical work day is 9-6 with an hour lunch break
Oh yeah, you should fire her too btw
Why do they call it "Working the 9-5" if 9-5 is technically 8 hours (not including lunch break).... Last
time I checked, typical work day is 9-6 with an hour lunch break
Oh yeah, you should fire her too btw
Registered User
Joined: Jul 2008
Posts: 4,531
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~from a previous state worker who saw this.
Registered User
Joined: Oct 2009
Posts: 2,220
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Originally Posted by NuncoStr8' timestamp='1308252979' post='20690126
[quote name='NFRs2000NYC' timestamp='1308023098' post='20679630']
P.S. Be careful with firing such an employee. These are the types of people that LOVE to run to the department of labor and put the screws to you. Remember, the DOL appoints a free lawyer for her, and they love nothing more than to drip you dry. My advice, write her up three times for three things and fire her, that way, if she does file wrongful termination (work at will states still have wrongful termination) you have proof as to why you fired her.
P.S. Be careful with firing such an employee. These are the types of people that LOVE to run to the department of labor and put the screws to you. Remember, the DOL appoints a free lawyer for her, and they love nothing more than to drip you dry. My advice, write her up three times for three things and fire her, that way, if she does file wrongful termination (work at will states still have wrongful termination) you have proof as to why you fired her.
In order to appeal for remedy from any legal body, the employee has to exhaust all possible avenues prior to beginning any kind of legal action. It's expensive, time-consuming, a huge hassle for the employee seeking redress, and not something a "lazy person" undertakes or completes. If someone bothers to go through all the hassle and expense, it's pretty tough to argue that they were a terrible, lazy employee that wasn't very bright. It's more probably that their employment experience with you was a prime motivator, and perhaps your treatment of the employee in question are coming back to bite you.
And it's "bleed you dry," not "drip you dry." If you run afoul of the Department of Labor, it's your own fault. Obey the laws and you'll be fine. Think somehow you have a priviledged position simply because you are an employer, and yes, you just might get the feeling there is an agency out there specifically formed to intervene.
When you are an employer, you can talk to me. You can talk to me when you have some asshat employee running to the DOL because you fired them for just cause, but they just want to stick it to you. The only person a DOL lawsuit costs money is the employer. It has nothing to do with breaking the law, that is not what this thread is all about. It is about a stupid employee that has the potential hate in her to do your business harm, so it's not always one sided.
[/quote]
When you get a job with an employment law firm you can reply. Until then, defer to those with more knowledge and experience. Please drive through. And no, I do not want fries with that. Thank you.
Registered User
Joined: Jun 2010
Posts: 984
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im hourly but i dont clock in or out, lunch breaks range from not taking one to 1.5hrs or so. everyone is flexible, i show up 15-20 mins earlier everyday, leave no less than 5 mins late, they tell me that i have a meeting after my shift and i stay around for it... what goes around comes around, nobody has a problem with me taking a long lunch or taking smoke breaks, and i go beyond my scope all the time. if i run into 20 or 30 mins of overtime, i dont charge for it. everyone wins.
i had one job where they wanted me to physically punch in and out and i left in 3 days. here i fill my timecard out once every 2 weeks.
yorue in charge and you can run things how you want, legalities will depend on your state, but im pretty sure that as far as the law will go, if you are taking a break from work, then you arent being paid. does youre employee charge for travel time to and from work? no, because shes not working. same with travel to and from lunch.
i had one job where they wanted me to physically punch in and out and i left in 3 days. here i fill my timecard out once every 2 weeks.
yorue in charge and you can run things how you want, legalities will depend on your state, but im pretty sure that as far as the law will go, if you are taking a break from work, then you arent being paid. does youre employee charge for travel time to and from work? no, because shes not working. same with travel to and from lunch.