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Lunch Break
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<blockquote data-quote="BigBrownSanta" data-source="post: 282029" data-attributes="member: 11097"><p>There is no Federal law requiring a lunch break, most lunch laws are done at the state level. Some states require employers to provide a lunch period and some do not.</p><p></p><p>Regardless, the Federal DOL <strong>does</strong> require employers to pay employess for <strong>all hours worked</strong>. If you are putting your lunch time in the DIAD (as the company is instructing) and working through the lunch hour, then according to the US DOL, the company is <strong>still required</strong> to pay you for that time worked.</p><p></p><p>(a) Bona fide meal periods. Bona fide meal periods are not worktime.</p><p></p><p>Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals <strong>(How many times have you received messages during your lunch break?)</strong>. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. <strong>(My supplement allows up to 3 - 20 minute breaks. They should be paid breaks.)</strong> The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. <strong>(How many times have you heard, "I can't take my lunch because I will have missed businesses"?)</strong> For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating. <strong>(We have been told that we must carry the DIAD at all times, even when at lunch.)</strong> (Culkin v. Glenn L. Martin, Nebraska Co., 97 friend. Supp. 661 (D. Neb. 1951), aff'd 197 friend. 2d 981 (C.A. 8, 1952), cert. denied 344 U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 friend. Supp. 213 (E.D. Mich 1950), aff'd 194 friend. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy Corp., 183 friend. 2d 515 (C. A. 9, 1950), 187 friend. 2d 447 (C.A. 9, 1951); Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942); aff'd 136 friend. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943); Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases 38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 friend. Supp. 29, 13 W.H. Cases (E.D. Pa. 1956))</p><p>(b) Where no permission to leave premises. It is not necessary that</p><p>an employee be permitted to leave the premises if he is otherwise</p><p>completely freed from duties during the meal period.</p><p></p><p>I know this won't clear up anything, but it is interesting that the company allows people to work through their meal period, and then doesn't compensate the employee for doing it.</p></blockquote><p></p>
[QUOTE="BigBrownSanta, post: 282029, member: 11097"] There is no Federal law requiring a lunch break, most lunch laws are done at the state level. Some states require employers to provide a lunch period and some do not. Regardless, the Federal DOL [B]does[/B] require employers to pay employess for [B]all hours worked[/B]. If you are putting your lunch time in the DIAD (as the company is instructing) and working through the lunch hour, then according to the US DOL, the company is [B]still required[/B] to pay you for that time worked. (a) Bona fide meal periods. Bona fide meal periods are not worktime. Bona fide meal periods do not include coffee breaks or time for snacks. These are rest periods. The employee must be completely relieved from duty for the purposes of eating regular meals [B](How many times have you received messages during your lunch break?)[/B]. Ordinarily 30 minutes or more is long enough for a bona fide meal period. A shorter period may be long enough under special conditions. [B](My supplement allows up to 3 - 20 minute breaks. They should be paid breaks.)[/B] The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating. [B](How many times have you heard, "I can't take my lunch because I will have missed businesses"?)[/B] For example, an office employee who is required to eat at his desk or a factory worker who is required to be at his machine is working while eating. [B](We have been told that we must carry the DIAD at all times, even when at lunch.)[/B] (Culkin v. Glenn L. Martin, Nebraska Co., 97 friend. Supp. 661 (D. Neb. 1951), aff'd 197 friend. 2d 981 (C.A. 8, 1952), cert. denied 344 U.S. 888 (1952); Thompson v. Stock & Sons, Inc., 93 friend. Supp. 213 (E.D. Mich 1950), aff'd 194 friend. 2d 493 (C.A. 6, 1952); Biggs v. Joshua Hendy Corp., 183 friend. 2d 515 (C. A. 9, 1950), 187 friend. 2d 447 (C.A. 9, 1951); Walling v. Dunbar Transfer & Storage Co., 3 W.H. Cases 284; 7 Labor Cases para. 61.565 (W.D. Tenn. 1943); Lofton v. Seneca Coal and Coke Co., 2 W.H. Cases 669; 6 Labor Cases para. 61,271 (N.D. Okla. 1942); aff'd 136 friend. 2d 359 (C.A. 10, 1943); cert. denied 320 U.S. 772 (1943); Mitchell v. Tampa Cigar Co., 36 Labor Cases para. 65, 198, 14 W.H. Cases 38 (S.D. Fla. 1959); Douglass v. Hurwitz Co., 145 friend. Supp. 29, 13 W.H. Cases (E.D. Pa. 1956)) (b) Where no permission to leave premises. It is not necessary that an employee be permitted to leave the premises if he is otherwise completely freed from duties during the meal period. I know this won't clear up anything, but it is interesting that the company allows people to work through their meal period, and then doesn't compensate the employee for doing it. [/QUOTE]
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