amyray
12-07-2007, 01:14 PM
We have delivery drivers who are on the clock for 12 and 14 hours some days. They clock in and that night clock out, but nothing in between for lunch and dinner breaks. We cannot force them to take breaks, but can we deduct 30 minutes for lunch and if they work a certain number of hours deduct for dinner too? This is in the state of SC.
Under no circumstances, in any state, can you deduct for breaks that were not taken.
We cannot force them to take breaks,
Why cannot you force them to take breaks? Employers I have worked for routinely (and legally) forced employees to take breaks.
Agreed with CBG's answer. Federal law (FLSA) is very, very, very clear that Non-Exempt employees are paid based actual hours worked. This is very "black letter" law.
Betty3
12-07-2007, 09:55 PM
You can require them to take breaks & if they don't, you can discipline them up to & including firing them.
However; if breaks aren't taken, the time has to be paid for. You have to pay for all hours worked.