Payrollohio
10-29-2008, 08:30 AM
I have a question, that I am a bit concered on how we are docking EE's for lunch breaks.
we have EE's a employee base of Paramedics,(private service, not city) and the owner of the company has requested that since they have "down time" in between calls he wants us to dock a lunch. To my understanding, they must be told, you are to take no calls and you are on lunch for us to deducted this pay from them.
I wanted to check seeing as the down time on some shifts can be for the entire shift they are working. Meaning they take no calls in the hours on shift. (12hrs, 16hrs, and some 24)
thank you!
Pattymd
10-29-2008, 08:47 AM
I have a question, that I am a bit concered on how we are docking EE's for lunch breaks.
we have EE's a employee base of Paramedics,(private service, not city) and the owner of the company has requested that since they have "down time" in between calls he wants us to dock a lunch. To my understanding, they must be told, you are to take no calls and you are on lunch for us to deducted this pay from them.
I wanted to check seeing as the down time on some shifts can be for the entire shift they are working. Meaning they take no calls in the hours on shift. (12hrs, 16hrs, and some 24)
thank you!
The fact that they may not GET any calls is different from "you are expected to take a 30-minute lunch during which you will NOT take calls".
I'm not seeing anything illegal here. As long as they are completely relieved of duty (which includes not taking calls), that is a bona fide meal period.
Payrollohio
10-29-2008, 08:51 AM
If they are not being told they are being releived of duties, and are being docked for lunch period yet are never told, or if in the middle of eating, they run a call would this be legal?
thank you
If the call actually occurs during lunch, then you are not relieved of all duties. If the call does not actually occur during lunch, then you could be relieved of all duties. If the employer is docking you for meal breaks in which you are not completely relieved of all duties, then tell the employer that they have made an error.
You are trying to make a point on what your employer did or did not tell you. You are maybe suggesting that the employer must never interrupt your lunch for any reason. This is perhaps a point not actually reflected in law. I am including a pointer to the actual federal regulation on this subject.
The legal question is not whether or not the employer can legally interrupt you (they can), but whether or not they have to pay you.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.19.htm
Payrollohio
10-29-2008, 09:55 AM
DAW,
I do understand what your saying. I think where i was hung up is since your being paid to "sit" in anticipation (for a lack of better words, ) for a call that you are technically "working" (maybe not by defination now that i think about it) the management is just deducting a half an hour every shift with no set lunch time designated. I think I amgoing a bit to much into it.. sorry. :o
Maybe. If you work through lunch, say something. I have worked payroll (a lot) and contrary to popular opinion, payroll does not have hidden cameras watching to see if people actually take lunch or not. If we hear nothing we assume that lunch was taken.