Unpaid lunch for hourly workers?

[Toady001]

Hi all,

Just have a quick question that maybe someone more involved in labor law can shed some light on.

As an employee that is paid by the hour ( whether that is relevant or not ), is it unfair practice to be given 1 hour lunch and not be paid for it? I've had a brief look at the DOL website regarding meal intervals and all it states is employees should be provided with 1 hour meal intervals for every 5 hours worked, however states nothing about whether one should be remunerated for it?

Thanks in advance.

 

[Toi]

Yeah the simple rule is no work no pay bud. So you work 9 hours, one hour is unpaid lunch the rest is paid.

 

[J37]

I read some where, a while ago, you don't get remunerated/paid for lunch time, its your own personal time.

 

[souljazk]

Call DoL and ask

 

[Toady001]

Thanks guys.

Just wanted to get an outside opinion as I was pretty sure that the lunch time is unpaid.

 

[PJtheKILL3R]

I work from 7-5, that is 10 hours, and we get 1 hour of lunch, but we only get paid for the 9 hours, and I work for a company that does everything by the book so, no work = no pay

 

[J37]

I work from 7-5, that is 10 hours, and we get 1 hour of lunch, but we only get paid for the 9 hours, and I work for a company that does everything by the book so, no work = no pay

I had a similar situation where the company did everything to the limit, but it was all within the rules.

08:00 to 17:30, with a 30 minute lunch break (we agreed to this). The higher ups said that if we'd like an hour break we would have to finish at 18:00.

 

[blankster]

You get used to it, I work 9, bill for 8, the extra hour is for 30 min lunch and 6x5min vapes

 

[ViVceptioN]

I work flexi hours (I can start when I want to), I just need to work 8 hours a day, but yes our lunch time is not included in the 8 hours.

So I will agree with no work = no pay

 

[J37]

I work flexi hours (I can start when I want to), I just need to work 8 hours a day, but yes our lunch time is not included in the 8 hours.

So I will agree with no work = no pay

What line of work are you in?

 

[ViVceptioN]

What line of work are you in?

Software Engineer, why does it differ for different areas?

 

[J37]

Software Engineer, why does it differ for different areas?

I don't think so. Same rule applies to all, but not too sure.

Was just interested.

 

[XtaCy696 | CGSATech]

No work = No Pay

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[ViVceptioN]

I don't think so. Same rule applies to all, but not too sure.

Was just interested.

Ah okay

 

[Toxxyc]

Law is clear. The only thing is that you MUST allow the people working for you to take an hour lunch break after 5 hours of work. That hour can be reduced to 30 minutes with agreement from all parties, but that's it. No mention that you must be paid or anything.

 

[willem119]

The company I work for also does everything by the books, although they tend to push the limits sometimes. We are entitled to a 30min lunch break, which is paid. They also don't specify how many hours you have to work before you can take said break. I work in a bread bakery's maintenance department. We never take lunch at a certain set time because of the unpredictability of the plant.

 

[Moonunit]

[MENTION=26992]Toady001[/MENTION] , what industry is this in? I know certain bargaining councils allow for a paid tea break. Can't remember the exact details, will need to do some digging regarding this. But lunch times are unpaid and can be agreed at a floor level to be made shorter.


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[Toady001]

[MENTION=26992]Toady001[/MENTION] , what industry is this in? I know certain bargaining councils allow for a paid tea break. Can't remember the exact details, will need to do some digging regarding this. But lunch times are unpaid and can be agreed at a floor level to be made shorter.


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We are in the construction industry. Previously our policy was 30min break which was paid but our work is specifically rope access and it was found more often than not that it was virtually impossible to abseil down a building, eat your food and then get back to your working position all within 30min.

 

[AAAH NUUU BRU]

I pay my staff for their breaks, they get a 30 min tea break when they get to work 8-30 and a 30 min lunch break which they can take between 12-2. If they miss their lunch break (some of the drivers that are out at those times) i let them leave 30 min early. Seems fair and keeps the staff happy and they work harder.

However i read my sisters contract for her new job, she gets 1 hour unpaid break so what she does is not take a break and leaves an hour early from work

 

[crackOlicious]

You get used to it, I work 9, bill for 8, the extra hour is for 30 min lunch and 6x5min vapes

I'm fortunate enough to vape at my desk all day long. Obviously not when a customer is with me.
Not even sure if our company has any "rules" regarding vaping but nobody else in the office has complained.

/derail

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[Greekking]

Why would they pay you sit and eat while not working [emoji14] yea in no country is lunch hour paid or included ... my staff tried to fight for it and I just laughed

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[blankster]

No work = No Pay

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I prefer to call it a 100% incentive scheme ;-)

 

[dash09]

I'm fortunate enough to vape at my desk all day long. Obviously not when a customer is with me.
Not even sure if our company has any "rules" regarding vaping but nobody else in the office has complained.

/derail

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You lucky, I have to gooi in the toilet. So naturally I'm going to the bathroom every hour. I also go outside for smoke breaks, there's really no limit to the number of breaks I can take but I'll be buggered if I have to constantly do 3 flights of stairs each time

 

[Munk]

A key related issue that I personally have is companies forcing this additional hour on employees who do not want it.
I have, currently do and will continue to eat my breakfast and lunch at my desk while working. I give my 8 hours and then I want to go home to take care of my family.

It would be a simple additional field against an employee's record held by HR. "Committed to 1-hour lunch break - Yes/No". Then you could get legally nailed for trying to game the system.
I know this cannot apply to all industries but dammit where it can apply it should.

Then you get the stockholm syndrome types who say "yeah we have a dedicated hour but we never take it, we just eat at our desks".
When they say this with a smile I just think "you really like being someone's bitch, don't you?"

If you have to enforce 100% of the rules 100% of the time on your work force then guess what, you don't have a good work force and all notions/speakings of "trust" are plain bullshit.

But yeah OP, "no work = no pay" seems to be the de-facto stance on this question.

 

[Toxxyc]

Our company gives that hour. Bro, come 13:00, this place is a graveyard.

 

[EmileS]

You guys have time for lunch breaks I eat while I work and then hit Carb every few minutes

 

[Galaxy]

Interesting to see all the people that work hourly, I'm salary and I get 1 hour break each day. Thought majority of SA is salary.

 

[Cyst]

This is the reason I'd never go back to contracting.
This and motherfucking timesheets where you have to bill in 15 min cycles.

I come into work, do what I have to do to an above satisfactory way, teach the noobs how to do it too and then I can do whatever the hell I feel is for the betterment of the company because I'm a grown up and understand profesionalism.

 

[Sp1dr]

Yeah no work, no pay.

However, toilet breaks are 'paid'. So if you take a shit at work every day, plus minus 10min, 20 days per month and 11 months per year (love the building industry),
That comes to you being paid to shit for 36 hours straight..

 

[ViVceptioN]

Yeah no work, no pay.

However, toilet breaks are 'paid'. So if you take a shit at work every day, plus minus 10min, 20 days per month and 11 months per year (love the building industry),
That comes to you being paid to shit for 36 hours straight..

Do you know how it feels to burst out in laughter in an "open" office with about 30 devs surrounding you, well I do now

Thanks for this