You have a receptionist that works 8:00 – 5:00, with an hour for lunch, Monday through Friday. Upon completion of her timesheet, you note she reported 42 hours instead of 40. You saw her take lunch, you know she left on time and came in on time each day, what gives? When you discuss this with her, she states she took lunch two days at her desk, continuing to answer the phone, but she was ‘at lunch’. You decide not to pay her those two lunch periods for several reasons: 1) she was ‘at lunch’, 2) She was reading a book during that time, 3) you did not authorize the extra time.
Did you make the correct decision? No and the employee can demand to be paid for those 2 hours at overtime pay.
No one was available to relieve the employee for her lunch hour. She took her hour to eat and read, but she was also manning her desk, answering the phone, directing guests, and signing for deliveries. In other words, she was working, pay her that overtime.
Similar scenarios come up often. Someone stays to ‘finish up’, as a manager you want the project completed so you are fine with that, maybe it’s only 8 minutes, but the time is payable.
The attached is a Fact Sheet from the U.S. Department of Labor regarding compensable time.
https://www.dol.gov/whd/regs/compliance/whdfs22.pdf
If you have further questions on this or other related issues, contact us at CyQuest!