Can an Employer in Fl Force You To Take Lunch ?

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Firemedic2000
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Post by Firemedic2000 »

Many years ago. I worked for a company. That paid what's called Chinese overtime. I'd never heard of it before and still do not fully understand it.

But if you worked OT you earned less money. :?
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Taco
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Post by Taco »

wjbarricklow wrote: Fri Dec 27, 2019 8:22 am We're not legally required to give employees a lunch break, and many of them like to work through lunch. But our HR department in Massachusetts thinks the employees are legally required to take lunch, so that's what we have to do.
It may be more complicated than you realize. With a written policy, if it is not enforced uniformly, you are begging for a class action suit. Price tag goes way up if discrimination of a protected class can be shoehorned in. And if you start getting willy-nilly about when it is work time, paid break time, and unpaid break time you get opened up beyond a civil suit and the government may start investigating and really ruin your year. Every suit, or potential suit is going to start burning clock time from the legal department plus likely an outside specialist consultant lawyer.

So, while it is true that they have no legal responsibility they may have legal responsibility... And major costs win or lose.
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Post by Wakko »

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Slartibartfast
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Post by Slartibartfast »

the company in the past has claimed it's a state or osha requirement
but has not really enforced it uniformly. a month ago they released a
memo stating all employees who work a 8+ hour shift must take a 30 min
lunch and clock out and failure to do so will result in 30 min being
deducted from your time card automatically. they made everyone sign
it stating they had received it.

will be calling the Fl Dept of Labor tomorrow to inquire about it


here's a copy

Image
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flcracker
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Post by flcracker »

They don't say when you have to take your 30 minute lunch. Show up and clock in at 0730. Clock out at 0731 and take your 30 minute lunch while you enjoy the coffee and bagel that you picked up on your way to work. Clock back in at 0801. Work an 8 hour day. Go home at 1601.

Or, show up at your scheduled time, work 8 hours then clock out and claim your half hour lunch at the end of the day.

That being said, WTF is this 1/2 lunch that their form refers to? It does not say 1/2 hour. It just says 1/2 lunch.
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Skoll
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Post by Skoll »

flcracker wrote: Sun Dec 29, 2019 11:00 pm
Or, show up at your scheduled time, work 8 hours then clock out and claim your half hour lunch at the end of the day.
I used to do that at an old job and they got very pissy about it very quickly.
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Legio
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Post by Legio »

Slartibartfast wrote: Sun Dec 29, 2019 10:16 pm here's a copy

Image
They say take a half lunch, not a half hour. Take half of you sandwich and be done with it.
OSD
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Post by OSD »

The clocking in and out for a lunch break is more about accounting for the hours worked for compensation and not having people trying to claim extra overtime pay. The tracking of true worked hours keeps the government from investigating unpaid overtime claims that some employees may have tried to claim and were refused payment. Just a checks and balance of accounting areas that can cause big problems for a company with the government.
I don't see the the big deal about clocking in and out for a lunch break. It just keeps a few people honest about how many hours they really worked and keeps them from claiming that lunch break as overtime.
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Slartibartfast
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Post by Slartibartfast »

dept of labor says there is no laws or regulation in fl about
lunch and breaks unless you are under 18yrs old. they say
requiring a lunch and clock out is company policy and not
breaking any rules.

cheap ass company doesn't care about anything but saving
money !
A common mistake that people make when trying to design something completely foolproof is to underestimate the ingenuity of complete fools !
OSD
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Post by OSD »

If the company doesn't save money where it can, it may not be in business very long. I don't see how they are being cheap?? You're getting the same pay either way. Are they being cheap by paying you for your actual time worked or because they cut out a way to stop people from claiming time they didn't actually work ??
Another thing to consider is if you or someone else keeps bitching about little things that really don't make any difference in how things are run or the outcome of work produced, They may just decide that maybe that person isn't worth the trouble of having them work for the company and terminates them. Be careful, that company may decide to watch people closer and any borderline activities or excess bitching could spell the unemployment line for someone. It's easy for them to do here in Fl.
Jim
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