![]() ![]() “The claims we often see are that employees are not allowed to take their breaks at all, they’re allowed to take them too late, their breaks aren’t long enough to satisfy the law, or their breaks are interrupted,” Kun notes. These laws can be complicated and leave business owners struggling to comply. Some states have laws for when employees can take breaks, and the number of breaks employees can take per shift. Not paying employees for all time worked is a form of wage theft that can lead to a wage and hour dispute with workers. Draft a break policy that clarifies the types of breaks employees can take, the length of each break, and how to track breaks. Never force employees to clock out for breaks if they’re working during their break time. “One of the most common problems,” Rotman elaborates, “occurs when employers enable automatic deductions for lunch breaks without giving the employee any manner of editing that time if they happen to work through lunch.” The FLSA requires businesses to pay employees for all time worked, even when employers don’t authorize employees to work during their breaks. Employers who force their workers to clock out for breaks run the risk of a wage and hour lawsuit. The consequences for not paying employees for all time worked can be costly. If an employee works during a lunch break, business owners shouldn’t deduct hours from their timesheets automatically or force them to clock out. Employees should clock out for lunch breaks, as long as they are not working during that time. ![]()
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