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

Announcement

Collapse
No announcement yet.

PA law for Mandatory Lunch time for Hourly workers Pennsylvania

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

  • PA law for Mandatory Lunch time for Hourly workers Pennsylvania

    I was just reprimanded for not taking a lunch. I am an hourly employee in PA and choose not to take a lunch. I can't find any info online regarding this law. As a matter of fact, here's the email I received from payroll:

    It is the law that hourly employees punch out for 30 minutes if they work over 6 hours. Can you please start clocking in and out for a 30 minute lunch?

    Can you give me a link to something that i can print out to prove there is no law?

    Thanks in advance!!!

  • #2
    I forgot to mention that I searched this site and found a few threads saying that no such law exists...but i can't find a link for anything on the PA state website.
    Last edited by frankrigney; 06-05-2006, 11:16 AM.

    Comment


    • #3
      The U.S. Department of Labor summarizes the state laws on meal breaks here: http://www.dol.gov/esa/programs/whd/state/meal.htm PA is not listed, which means that there is no law requiring lunch breaks.

      This means that it's up to the employer. If the employer says that you must take a 30-minute lunch break, then you need to do it. Any break that is 20 minutes or longer during which the employee is completely relieved of his/her duties and is free to do as they please does not need to be paid. So, if they are requiring you to take a 30-minute lunch they can ask you to clock out since they don't have to pay you for it.
      I am not able to respond to private messages. Thanks!

      Comment


      • #4
        You are not going to find anything on the state law websites about a law that doesn't exist. The laws mandate what an employer MUST do and MUST NOT do; not what an employer MAY do.

        Since an employer MAY require an employee to take a lunch but is not REQUIRED to do so, you won't find anything on the state law sites saying that there isn't a law.
        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


        • #5
          Originally posted by Marketeer
          The U.S. Department of Labor summarizes the state laws on meal breaks here: http://www.dol.gov/esa/programs/whd/state/meal.htm PA is not listed, which means that there is no law requiring lunch breaks.

          This means that it's up to the employer. If the employer says that you must take a 30-minute lunch break, then you need to do it. Any break that is 20 minutes or longer during which the employee is completely relieved of his/her duties and is free to do as they please does not need to be paid. So, if they are requiring you to take a 30-minute lunch they can ask you to clock out since they don't have to pay you for it.
          thanks for the lightning quick answers guys. I was told by payroll that PA law requires a 30 minute lunch after 6 hours of work. I guess now that i think about it, not finding an answer on their website would mean that no such law exists

          I'll be having a little chat with my manager tomorrow. Thanks again!

          Comment


          • #6
            FYI - this addresses PA stance on meal periods.

            "What is the Law Regarding Breaks and Meal Periods?

            Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers are not required to give breaks for employees 18 and over. If your employer allows breaks, and they last less than 20 minutes, you must be paid for the break. If your employer allows meal periods, the employer is not required to pay you for your meal period if you do not work during your meal period and it lasts more than 20 minutes."

            http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|#1024

            If your employer is requiring you to take a lunch, do so. Otherwise they can use your refusal as grounds for discipline up to and including termination.
            Last edited by CMorgan; 06-05-2006, 01:35 PM.

            Comment


            • #7
              Just keep in mind that just because Payroll was mistaken about the law requiring a lunch break, does not mean that it is your choice whether to take one or not. It is the employer's, not the employee's opt what hours are worked, and that includes breaks. Whether there is a law requiring it or not, if the employer requires that you take a lunch break, you take a lunch break. Period, end of story.
              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
                Originally posted by cbg
                Just keep in mind that just because Payroll was mistaken about the law requiring a lunch break, does not mean that it is your choice whether to take one or not. It is the employer's, not the employee's opt what hours are worked, and that includes breaks. Whether there is a law requiring it or not, if the employer requires that you take a lunch break, you take a lunch break. Period, end of story.
                Oh trust me, i understand that. My employer is pretty casual however the person in charge of payroll is under the false assumption that PA REQUIRES everyone to take 30 minute lunch breaks. Now that i know that's not the case I have to talk to someone. I'm one of those people that likes to work through lunch and get out of Dodge 30 minutes early.

                Comment


                • #9
                  Nonetheless, it is up to your employer whether to permit it or not. It is not a choice you are granted under the law.
                  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


                  • #10
                    PA law for Mandatory Lunch time

                    My question is similar to frankrigney in that my employer is requiring me to take an unpaid 30 minute lunch break, but is not scheduling that time in my day and is still deducting 30 minutes of pay every day whether I've taken that break or not. I'm told that if I can't fit the 30 minutes into my day, when I return to home office I should sit around for 30 minutes before clocking out. Can they do this? After a long day, I just want to go home.

                    Comment


                    • #11
                      When i informed my boss about the fact that there was no PA law he got pretty aggivated with me, but then relented. I work 8 hours and leave now with no forced lunch

                      Comment


                      • #12
                        If you work through your lunch period, you must be paid for that time. However, if the company policy is that you take a lunch, then you take a lunch. The company is within its rights to discipline you for not following policy.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          You were lucky, Frank. You could just as easily have been fired, and it would have been legal.
                          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


                          • #14
                            I think you guys don't understand my problem. I was told that it was a "Pennsyvania Law" that i had to take a lunch if i worked 6 hours. It was never a company rule. When i told them that there is no such law, they relented. I wouldn't have had a problem if they said it's company policy to take a lunch.

                            Comment


                            • #15
                              I understand. What I'm trying to accomplish is make sure other posters don't get the idea that because there is no law making a lunch mandatory, they get to decide whether to take one or not. It is STILL the employer's option whether an employee takes a lunch or not. YOUR boss decided to allow you not to take it, but if he had decided that you had to take one anyway, it would have been just your tough luck; you would have had to take it or be fired. If someone else's boss says, I don't care if there's a law or not - you still have to take a lunch, then guess what? That someone else would have to take a lunch.

                              The fact that there is not a law making it mandatory is irrelevant. The employer sets the hours and that includes whether breaks are taken or not. I don't know why that is such a difficult concept for some people to grasp.
                              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

                              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