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

Announcement

Collapse
No announcement yet.

Should standard paid work hours be the same for all non-exempt employees Massachusetts

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

  • Should standard paid work hours be the same for all non-exempt employees Massachusetts

    The standard work hours for non-exempt employees in our company are from 8:30 to 5 PM with one half hour for lunch and two fifteen minute breaks. The majority of the employees combine the lunch and break time so that they have one hour at lunch.

    One department makes their employees work from 9 until 6. They get a one hour lunch and two fifteen minute breaks that cannot be combined with the lunch hour.

    I'm questioning if we are in compliance. These employees are not being paid for the extra half hour but are told to take the time off during the workday.

    Thank you

  • #2
    As long as you are providing the required meal period of 30 minutes, which it sounds like you are, I don't see any compliance issues. Massachusetts law does not require breaks, so it is legal to combine the breaks with lunch. Although what, in effect, is occuring in this case is that these employees are NOT getting rest breaks (which is legal) and are getting a one hour lunch, which is more than the law requires. There is no law that says all employees/departments be on the same schedule.

    I might add, however, that I think rest breaks should be encouraged (looking at it from the employer's side as well as the employees'). And looking at it from the employee's side, though, there are probably some who think it unfair no matter which department they are in.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      There is nothing in the law of any state that says all employees have to work the same hours, btw.
      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


      • #4
        Originally posted by macc7334 View Post
        I'm questioning if we are in compliance. These employees are not being paid for the extra half hour but are told to take the time off during the workday.

        Thank you
        Why do you think they're not being paid for the extra half hour? If they work 9 to 6 that's 9 hours - but you said they get an hour off for lunch. Lunch is unpaid time, right? So they only WORK 8 hours. If they're being paid for those 8 hours than it's fine.

        Comment

        The LaborLawTalk.com 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 LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com 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.
        Working...
        X