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HR Question of the Week

11.21.14

All of our non-exempt, full-time employees are required to take a 30 minute lunch break. We have one employee who never takes the entire 30 minutes for lunch without working on a job -related function for about half of the time. Her supervisor has told her repeatedly that she needs to take the entire 30 minute break without work-related functions.  We subtract the 30 minute lunch break from her hours worked during the day, because that is the time that is supposed to be taken.  Is that okay? Are there other things that can be done to handle this situation?

USource Answer:

According to "wage and hour" laws, in order to legitimately not pay the employee for a 30 minute lunch break, the employee cannot perform any work during this period of time.  It is not okay to deduct the 30 minutes since the employee is working while on the break;

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