I have an employee who consistently takes unapproved shorter lunch periods resulting in more than 40 hours worked in a week. She swipes in and out for lunch so her timecard reflects 30 minutes rather than 1 hour. Do I have to pay her overtime since it was unapproved?

I have an employee who consistently takes unapproved shorter lunch periods resulting in more than 40 hours worked in a week. She swipes in and out for lunch so her timecard reflects 30 minutes rather than 1 hour. Do I have to pay her overtime since it was unapproved?

The Wage and Hour Law (FLSA) says that employees are to be paid for all hours worked and time-and-one-half after 40 hours worked in a week. Because you are aware of and allowing her to work the extra time, you are required to pay her. If you want more information on this law, check out the Wage and Hour Division of the U.S Dept. of Labor website: www.dol.gov. The state that you are from may have similar or more strict laws pertaining to wages and overtime. You may want to check out the state labor dept. website as well. You should be able to access that website through www.dol.gov.

As the employer you have a right to order an employee to take an hour lunch if you choose to require such, as long as there is no contract or collective bargaining agreement that would prohibit you. Good luck.

In Solidarity,

Wayne

Yes, you must pay her for the unauthorized time if she worked it. However, you can also counsel her for violating supervisory direction (if you had directed that overtime must be approved).

If she swiped in and out for a 30 minute lunch and was actually taking an hour for lunch, it is theft of time. If you have terminated others for such theft, then you may wish to do the same for this person.