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Old 05-20-2022, 01:25 PM
 
Location: Over yonder a piece
4,272 posts, read 6,317,741 times
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Quote:
Originally Posted by Threestep2 View Post
You are also leaving yourself open to other special treatment requests be it from this particular employee or others.
This is what I was going to say. Others may get really upset that this employee gets to "leave early" every day, even if it's because they skip their lunch.

I agree with another poster who said - consider letting that staff person change their hours to an hour earlier on each side - this way they get to leave at the time they want AND they can take a lunch break, per law requirement.
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Old 05-20-2022, 01:45 PM
 
12,101 posts, read 17,142,033 times
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Quote:
Originally Posted by RobertFisher View Post
My question is for an hourly, non-exempt staff.

From my perspective as manager, even if the law allows, I will have to evaluate whether working 8 hour straight will affect the staff's ability to work in the final hours. For certain energy-consuming jobs, I can see productivity goes down exponentially in the final hours if the staff does not take a meal break.
Nobody in their right mind would do that on a daily basis, so the answer would be no.

In situational day to day, yes. I think it's pretty clear that's what posters meant by their examples.
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Old 05-20-2022, 01:50 PM
 
51,087 posts, read 36,794,870 times
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Quote:
Originally Posted by jobaba View Post
Believe it or not, the people who most commonly blow through lunch are blue collar workers.

I can't even count how many times I've blown through a day without eating at all.

Or I'm working with guys who knock off for 5 minutes to inhale lunch and the continue working.

OTOH, in the office, yes it's rare not to take a break to grab lunch.

Ironic, but...

Obviously a person can do it if they choose to.

I would also imagine that nurses and doctors blow through lunch all the time.
They might not take a lunch break, but it is taken out of their pay as a lunch break anyway because it is required by law in most states. It is not up to the employee, the employer will still be breaking labor laws if the lunch break isn't taken. We (health care) eat at our desk, often doing paperwork at the same time, but the 30 minutes it automatically taken out in the computerized clock in/out system.
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Old 05-20-2022, 01:59 PM
 
12,101 posts, read 17,142,033 times
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Quote:
Originally Posted by ocnjgirl View Post
They might not take a lunch break, but it is taken out of their pay as a lunch break anyway because it is required by law in most states. It is not up to the employee, the employer will still be breaking labor laws if the lunch break isn't taken. We (health care) eat at our desk, often doing paperwork at the same time, but the 30 minutes it automatically taken out in the computerized clock in/out system.
I have a strong doubt that doctors who are in and out of critical surgery are worrying about their lunch break.

That is what I was referencing. But even doctors who do outpatient rounds and get behind on rounds, I can just about 100% guarantee you...

Every thing else is specific to the type of job you have.

Personally, I have a productivity goal so they could care less if I go to lunch for 6 hours. Doesn't mean my job is good. If you have productivity goals AND you have to clock in and out, that is a rough job...

Last edited by jobaba; 05-20-2022 at 02:54 PM..
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Old 05-20-2022, 02:10 PM
 
Location: Paradise
4,877 posts, read 4,231,548 times
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Quote:
Originally Posted by jobaba View Post
Nobody in their right mind would do that on a daily basis, so the answer would be no.

In situational day to day, yes. I think it's pretty clear that's what posters meant by their examples.
Actually, I think it's more common than you might think.

I am salaried and never actually take a lunch break. I always eat at my desk and am in my office from 8am to 5pm. That is just me though...I don't want to come back if I leave!

At my previous office there were several employees who would do the "take your lunch break at 4pm" thing just to leave early every single day.
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Old 05-20-2022, 02:15 PM
 
12,101 posts, read 17,142,033 times
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Quote:
Originally Posted by lunetunelover View Post
Actually, I think it's more common than you might think.

I am salaried and never actually take a lunch break. I always eat at my desk and am in my office from 8am to 5pm. That is just me though...I don't want to come back if I leave!

At my previous office there were several employees who would do the "take your lunch break at 4pm" thing just to leave early every single day.
Yes that is true. Good point

Eating lunch at your desk is completely different.

Like I said. Situational.

I'm not going to argue just to argue, so forget what I said about the 'nobody in their right mind'
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Old 05-20-2022, 02:57 PM
 
Location: equator
11,100 posts, read 6,699,741 times
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I was hourly and my co-workers and I never got any kind of break. Shifts were usually 7 hours. Lucky if we got to run downstairs to pee. No time taken out, either.

Some jobs are like that. I think we all preferred it that way; nobody complained. Different states, too.
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Old 05-20-2022, 03:02 PM
 
51,087 posts, read 36,794,870 times
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Quote:
Originally Posted by jobaba View Post
I have a strong doubt that doctors who are in and out of critical surgery are worrying about their lunch break.

That is what I was referencing. But even doctors who do outpatient rounds and get behind on rounds, I can just about 100% guarantee you...

Every thing else is specific to the type of job you have.

Personally, I have a productivity goal so they could care less if I go to lunch for 6 hours. Doesn't mean my job is good. If you have productivity goals AND you have to clock in and out, that is a rough job...
I don't think doctors/surgeons work on an hourly basis. Most have contracts with the hospital. An ER doc or intern working on an hourly basis would be covered by labor laws and must take the time out, whether they actually take the lunch or not. Employers of hourly workers are required to give them a lunch break and will be in violation of labor laws if they say "he chose to work 8 hours without a break".

I have productivity goals, 90% of my day (therapy) and we have to clock in and out. Because we are hourly employees.
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Old 05-20-2022, 03:07 PM
 
Location: Seattle
3,573 posts, read 2,898,285 times
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California has the most stringent labor laws in the US, so OP it would not be legally compliant.

To fellow posters, meal and break laws vary by State. What's legally mandated in your state may not be in another. State labor laws have to at least meet Federal laws and in Federal laws meals and breaks are not required for workers 18 and over.
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Old 05-20-2022, 03:24 PM
 
17,690 posts, read 15,405,282 times
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Quote:
Originally Posted by Sockeye66 View Post
California has the most stringent labor laws in the US, so OP it would not be legally compliant.

To fellow posters, meal and break laws vary by State. What's legally mandated in your state may not be in another. State labor laws have to at least meet Federal laws and in Federal laws meals and breaks are not required for workers 18 and over.

Yep. New York and California are almost like separate countries. What applies there often does NOT apply to the other 48 states.

CA, I believe, is still the only state requiring daily OT for 8+ hours worked, double time for the 7th straight day and things of that nature.


We had a guy from CA who worked here in SC.. a 9 to 5 style position. He'd, on average, show up for work 3.5 days a week. Went through the procedures.. Wrote him up.. And eventually he was fired (After it went on MUCH too long for my taste) for attendance issues


He tried to fight for unemployment. When they (Unemployment folks) asked why he didn't show up those days.. He told them "I had things to do".


Apparently that might fly as an excuse in CA.. Not in SC. Denied.
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