Query: We routinely deduct half-hour for meal breaks from our workers’ time data and a brand new payroll particular person is questioning this apply. Ought to we be involved?
Reply: You must assume twice about any firm apply that runs on autopilot, particularly when it entails worker wages. Employers sometimes set up automated meal break deductions to avoid wasting workers the difficulty of clocking out and in for a longtime 30-minute lunch interval and to avoid wasting themselves the headache of coping with workers who fail to correctly log their dinner time. In principle this makes life simpler for everybody, however in actuality it places your group in danger for claims of unpaid wages.
Unpaid Meal Breaks Require Clear Boundaries—and Dependable Monitoring
Meal intervals of half-hour or extra can usually be unpaid for nonexempt (overtime-eligible) workers, so long as the time without work isn’t interrupted by work duties, similar to fixing tools, answering emails, serving to clients, or receiving work directions. Nevertheless, in case your workers don’t clock out and in, you run the chance of not understanding when a meal was interrupted or missed utterly, even when you have a coverage and/or a kind for workers to report missed meals.
Missed Meal Reporting Insurance policies Are Solely Efficient If Staff Perceive and Bear in mind Them
All too usually a coverage on reporting missed meal intervals isn’t communicated successfully (e.g., the coverage isn’t clear or in a language the worker understands) or communicated usually sufficient (e.g., the coverage is included within the handbook however by no means mentioned in particular person or on a recurring foundation). If workers don’t understand how or when to report interrupted or missed meals, employers are nonetheless accountable for paying for these meal intervals. Backpay for unpaid wages attributable to missed meals, in addition to damages and penalties if you find yourself in courtroom, can add up rapidly.
Working example: a residential care facility in St. Louis, Missouri, is at the moment defending itself in opposition to a lawsuit filed by the U.S. Division of Labor (DOL) for repeated missed meal funds for a number of workers over a two-year audit interval. The care facility argued that it had a reporting coverage; the workers merely didn’t use it. Nevertheless, in ruling in opposition to the employer, the courtroom pointed to ample proof that the coverage was poorly communicated, together with the dearth of time sheets filed in the course of the two-year audit (as in comparison with tons of afterwards), and interviews with workers that confirmed a large share (together with one supervisor!) didn’t know concerning the time sheet coverage (Micone v. Levering Regional Well being Care Middle, L.L.C., 8th Cir, March 2025).
Need to Maintain Automated Lunch Deductions? Make Certain Your Insurance policies and Coaching Are Stable
If you wish to proceed your automated lunch deductions, think about reviewing your reporting coverage for readability, setting a daily schedule to coach your workers on when and how one can report missed or interrupted meals, and coaching your supervisors on their duty to stop and spot missed or interrupted meals. Vigilant Legislation Group gives a 90-minute coaching that covers these points, known as Wage & Hour Points for Supervisors. Name your Vigilant Legislation Group employment lawyer if you happen to’re on this class or have questions on meal break deductions at your worksite. Additionally, see our Authorized Guides on breaks and meal intervals for California, Idaho, Montana, Oregon, Washington, and Washington Agricultural Staff.
