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  • Mandatory clock out for lunch?

    Is it a law that you have to clock out for lunch even if you don't leave the employers property?

    We were told that it's law that we have to clock out for lunch even if we just eat at our desks or outside at the patio table (still on work property). Is this true?

    We are in NC.

    Thanks!

  • #2
    Clocking Out for Lunch

    Your employer can require that you clock out for lunch (though it may not be the law). If you refuse, you could be seen as being insubordinate.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      How about in MA?

      I have this page as reference... http://www.ago.state.ma.us/sp.cfm?pageid=1120

      Now, I have some questions I need clarified please.

      1) When it says more than 6 hours, does that include an exact 6 hours shift, or only more than 6 hours?

      2) Now, in MA, under this law, my understanding is that you employers are REQUIRED to offer you a lunch period of at least 30 minutes for more than 6 hours of work. But the employee MUST be paid for it if either A) They waive it and work instead, or B) They remain on the premises?

      Can the company still make it's own rule over that?

      Does the company HAVE to pay even if the employee takes a 30 minute lunch break on the premises? And does the employee have the right to work (and get paid) through the lunch period, or is that up to the employer?

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      • #4
        Lunches

        1) When it says more than 6 hours, does that include an exact 6 hours shift, or only more than 6 hours? I believe it is more than 6 hours (where 6 hours or less would not be included). However, you'll want to talk with the state for a definitive answer.

        2) Now, in MA, under this law, my understanding is that you employers are REQUIRED to offer you a lunch period of at least 30 minutes for more than 6 hours of work. But the employee MUST be paid for it if either A) They waive it and work instead, All hours worked must be paid or B) They remain on the premises? That is not true.

        Can the company still make it's own rule over that? As far as the location is concerned, yes. As far as pay for hours worked is concerned, no.

        Does the company HAVE to pay even if the employee takes a 30 minute lunch break on the premises? No, see above And does the employee have the right to work (and get paid) through the lunch period, or is that up to the employer? It is up to the employer. If you refuse, you could be disciplined, up to and including termination, for being insubordinate.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Thanks for the help.

          Comment


          • #6
            Along the same vein...

            I recently started working at an insurance agency. The hours are pretty flexible, so I try to come in for full days of work, which start at 7:45 AM and go to 4:30 PM. That's an 8 hr, 45 min day.

            Just the other day when I was adding up my hours to be submitted for Friday's paycheck, they gave me back my timesheet and told me to subtract the time I take (and would take) for lunch. I figured I would only take 20 minutes for lunch each day, since I bring my own and I don't leave the building, although I'm allowed to take 45 minutes. I resubmitted the timesheet, but then I was told to take the full 45 minute lunch breaks in order to "make bookkeeping easier."

            I could be mistaken, but I thought that I should be getting paid for break time since I work at least 8 hours. I work/live in Massachusetts.

            Any thoughts?
            Last edited by SlavetotheSystem; 06-22-2005, 06:31 PM.

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            • #7
              Massachusetts

              Massachusetts requires employers to provide a 30 minute unpaid meal period to every employee working more than 6 hours. If you do work, they must pay you for that time. However, be aware that if your employer instructs you to take a 45 minute break, you must do so. Your employer has the right to discipline and even terminate you for refusing (insubordination).
              Lillian Connell

              Forum Moderator
              www.laborlawtalk.com

              Comment

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