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View Full Version : Hours Worked and Breaks Alabama


tgibbsjr
01-25-2007, 02:01 PM
Hello. This may be all over the place and I missed it. So, please forgive me if this has been answered a thousand times.

In the place I work, they are on us about clocking out for lunch breaks.

According to our handbook, our lunch breaks are counted as time worked.

They tell us it is for federal compliance purposes. Is there some federal law that we have to clock out after so many hours worked for a break?

Beth3
01-25-2007, 03:00 PM
Is there some federal law that we have to clock out after so many hours worked for a break? No, but your employer is required to keep an accurate record of all hours worked for non-exempt (hourly paid) employees.

(1) How long are your lunch breaks?

(2) Even though they make you clock out, are you paid for them?

tgibbsjr
01-25-2007, 03:17 PM
Is there some federal law that we have to clock out after so many hours worked for a break? No, but your employer is required to keep an accurate record of all hours worked for non-exempt (hourly paid) employees. - I'm a salaried employee.

(1) How long are your lunch breaks? According to the manual, 30 minutes.

(2) Even though they make you clock out, are you paid for them? According the handbook you are, but when we get a copy of our Time Sheet you do not see it added back in to the sheet.

robb71
01-25-2007, 05:54 PM
If the break lasts at least 20 minutes and is uninterrupted, the company has no legal obligation to pay for the break.

I realize your company policy is generous in that it allows for paid breaks. Setting aside your timesheet, does your pay check include the paid meal time? If not, I'd recommend discussing this matter with your boss or HR. Either should be able to clarify your company's policy OR show you how it "really" works.

And just as a point of reference, Alabama labor code does not require private employers to offer meal breaks or rest breaks for adult workers.

tgibbsjr
01-25-2007, 06:18 PM
I don't have a problem with getting a break. However, there is no state/federal law for a business to require their employees to clock out for break?

robb71
01-25-2007, 07:05 PM
The law is not that specific.

The requirement to clock out for breaks is a work rule. It's absolutely fine for your boss/company to require this. In fact it's quite common.

The disparity that you describe is not one of law. It's one of company policy. Unfortunately this will need to be addressed internally; since the pay practice you describe is more generous than that required by law.


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