Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Automatic Lunch Deduction Employee Approval Tennessee

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Automatic Lunch Deduction Employee Approval Tennessee

    Our handbook clearly states that if an employee forgets to punch out for his/her lunch break, the time will automatically be deducted. Our time clock software is set for such deductions. If our employees have signed their acknowledgement of the employee handbook, would that be considered a written approval for their payroll deduction?

  • #2
    It's perfectly legal for an employer to set up "rules" in their timekeeping system to automatically deduct for lunch breaks - as long as the system can be overridden and the time paid if a non-exempt employee works through all or part of his/her break.


    • #3
      But is it the law that an employee has to give written permission for any payroll deductions?? Would the employee handbook count as their written permission??


      • #4
        Yes, but that is an entirely separate matter from paying you for the hours you work. Before your employer can make a deduction from your paycheck for, say, a box of candy you bought through them, you have to sign a written consent for them to do so. Your employer does NOT need your consent to pay you for the hours you worked.

        What you are talking about is not a payroll deduction, it's a timekeeping issue. As long as you are paid if you actually work through your lunch period, the employer is not violating any laws. They do not need your approval to set up their timekeeping system with certain "defaults," including unpaid lunch periods.


        • #5
          When you signed handbook you acknowledge you knew this practice took place.


          • #6
            Yes, I am sorry I totally meant deduction of time from their time card, not payroll deduction. Thanks,


            The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.