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Labor Law question pertaining to lunch breaks...Any Labor Law atty's out there?
Posted on 9/24/14 at 5:20 pm
Posted on 9/24/14 at 5:20 pm
If an employee in Louisiana is "required to stay" at the workplace for their 30 minute lunch break and not leave the premises do you have to pay them for their 30 minute lunch break? They are not allowed to leave but are not working during their break...lunch is "offered" by the employer free.
This post was edited on 9/24/14 at 5:33 pm
3
Posted on 9/24/14 at 6:04 pm to doya2
My legal advice is to consult an actual attorney rather than rely on the slapnuts on the OT. Just because they give you an answer doesn't mean they know what they're talking about.
Posted on 9/24/14 at 6:16 pm to doya2
(no message)
Posted on 9/24/14 at 6:19 pm to doya2
quote:
If an employee in Louisiana is "required to stay" at the workplace for their 30 minute lunch break and not leave the premises do you have to pay them for their 30 minute lunch break? They are not allowed to leave but are not working during their break...lunch is "offered" by the employer free.
It is covered pretty clearly in the Fair Labor Standards Act, don't have time to look it up, but I am pretty sure you only have to pay if they are required to answer phones or perform other duties during the lunch break. I know of numerous, large public and private operations that do not allow employees to leave the job site for lunch, and do not pay for the break time.
Posted on 9/24/14 at 6:41 pm to EA6B
I feel like if your going to post it on multiple boards you should share more backstory.
Posted on 9/24/14 at 6:49 pm to NoSaint
quote:
I feel like if your going to post it on multiple boards you should share more backstory.
Just looking for someone who may actually know the law as a fact.
Posted on 9/24/14 at 6:51 pm to EA6B
quote:
It is covered pretty clearly in the Fair Labor Standards Act, don't have time to look it up, but I am pretty sure you only have to pay if they are required to answer phones or perform other duties during the lunch break. I know of numerous, large public and private operations that do not allow employees to leave the job site for lunch, and do not pay for the break time.
No duties....
Posted on 9/24/14 at 8:56 pm to doya2
LINK
"Employers do not have to pay for bona fide meal breaks, during which the employee is relieved of all duties for the purpose of eating a meal. An employee need not be allowed to leave the work site during a meal break, as long as the employee doesn’t have to do any work. Ordinarily, a meal break is “bona fide” if it lasts for at least 30 minutes, although shorter breaks may also qualify, depending on the circumstances."
It varies with each state's law, but federal law does not require employers to provide lunch or rest breaks. Louisiana only requires lunch and rest breaks for employees under the age of 16.
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