Announcement

Collapse
No announcement yet.

Mandatory Unpaid Lunch Break - Virginia Virginia

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mandatory Unpaid Lunch Break - Virginia Virginia

    We would like to modify our existing lunch break policy to require non-exempt employees to take a 30 min unpaid lunch break. I know that we are allowed based on VA law, but I've read on a couple of websites that employees must be free to leave the premises if its an unpaid break. I have been unable to verify this information on the VA DOL website and was hoping someone on here had more information.

    TIA!

  • #2
    I think its in there someplace --but I have not looked in a long time ..get a current source...

    IF employee is allowed to leave you can treat it as unpaid time

    IF employee is not allowed to leave work premises it needs to be treated as paid time

    Comment


    • #3
      Meals and Breaks
      Virginia employers must provide a lunch period of at least thirty (30) minutes to employees ages fourteen (14) and fifteen (15) when scheduled to work for more than five (5) hours continuously. VA Rev. Stat. 40.1-80. Virginia does not require employers to provide breaks, including lunch breaks, for workers sixteen (16) years old or older. VA Dept. of Labor: Labor Law FAQs. An employer who chooses to provide a break in excess of twenty (20) minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks twenty (20) minutes or shorter typically must be paid.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        Originally posted by Betty3 View Post
        Meals and Breaks
        Virginia employers must provide a lunch period of at least thirty (30) minutes to employees ages fourteen (14) and fifteen (15) when scheduled to work for more than five (5) hours continuously. VA Rev. Stat. 40.1-80. Virginia does not require employers to provide breaks, including lunch breaks, for workers sixteen (16) years old or older. VA Dept. of Labor: Labor Law FAQs. An employer who chooses to provide a break in excess of twenty (20) minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work. According to federal law, breaks twenty (20) minutes or shorter typically must be paid.
        Yes, that is what I've seen (http://www.employmentlawhandbook.com...laws/virginia/), but was unable to find the information regarding the leaving the worksite in the Code of Virginia though.

        Comment


        • #5
          The only info in the code is the info re when employer must provide lunch breaks due to age. The other info is per the Va. DOL.

          If you give 30 min. break - does not have to be paid if employee can leave work place or even if they don't (decide not to) as long as they do no work during that time.
          (Federal law requires breaks of 20 min. or less be paid.)
          Last edited by Betty3; 06-27-2014, 12:23 PM. Reason: add info
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Pay while required to be on premises or not paid allowed to freely leave may be in FLSA ---been too long for my memory .

            Comment


            • #7
              It's not. Whether or not you have to be paid if you cannot leave the premises is a state specific issue.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Agree, state specific.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

                Working...
                X