40 hour week and Lunch Hour

[Guest guest]

What's the deal with lunch breaks and 40 hour weeks?

I always thought the idea was that employees would get their 40 hour week and that was that.

But then I got to thinking -- 9-5 is 8 hours x 5 days/wekk --> 40 hour week.

But what about the lunch break?

That is unpaid time, so the employee won't reach the 40 hour work week.

Do most of your employees not reach 40 hours?

Below are the Colorado guidelines and federal guidelines.

I am meeting those guides, but not sure what to make of the idea that employees would have a difficult time reaching 40 hours/week when the lunch time is substracted.

3.6 LUNCH PERIODS

A 30-minute un-paid lunch break is mandatory. Employees are allowed up to 1-hour for a lunch break. Lunch breaks generally are taken between the hours of 11 a.m. and 2:00 p.m. on a staggered schedule so that your absence does not create a problem for co-workers or clients.

Food and meals are to be kept in the designated area of the staff lounge. No meals are to be eaten in front of patients, at desks, or in the patient care area.

Minimum Length of Meal Period Required Under State Law For Adult Employees in Private Sector -- January 1, 2005http://www.dol.gov/esa/programs/whd/state/meal.htm

Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector

Jurisdiction

Basic Standard

Prescribed By:

Coverage

Colorado

½ hour after 5 hours, except when workday will be completed in 6 hours or less. On-duty meal period counted as time worked and permitted when nature of work prevents relief from all duties.

Administratively issued Wage Order for 7 industries

Applicable to retail trade, food and beverage, public housekeeping, medical profession, beauty service, laundry and dry cleaning, and janitorial service industries. Excludes certain occupations, such as teacher, nurse, and other medical professionals.

http://www.coworkforce.com/LAB/WageOrder23.pdf

Meal Periods:

Employees shall be entitled to an uninterrupted and “duty free” meal period of at least a thirty minute duration when the scheduled work shift exceeds five consecutive hours of work. The employees must be completely relieved of all duties and permitted to pursue personal activities to qualify as a non-work, uncompensated period of time. When the nature of the business activity or other circumstances exist that makes an uninterrupted meal period impractical, the employee shall be permitted to consume an “on-duty” meal while performing duties. Employees shall be permitted to fully consume a meal of choice “on the job” and be fully compensated for the “on-duty” meal period without any loss of time or compensation.

For more information:

http://www.coworkforce.com/LAB/

http://www.coworkforce.com/LAB/AB.pdf

3.7 BREAK/REST PERIODS

Every employer shall authorize and permit rest periods, which, insofar as practicable, shall be in the middle of each four (4) hour work period. A compensated ten (10) minute rest period for each four (4) hours or major fractions thereof shall be permitted for all employees. Such rest periods shall not be deducted from the employee’s wages. It is not necessary that the employee leave the premises for said rest period.

Breaks should be taken to limit impact on patient flow through the office.

For more information on Colorado law:

http://www.coworkforce.com/LAB/AB.pdf

If employees have unexpected personal business to take care of, they must notify their direct supervisor to discuss time away from work and make provisions as necessary. Personal business should be conducted on the employee’s own time.

Employees who do not adhere to the break policy will be subject to disciplinary action, including termination.

Locke, MD