Lunch Time

[Al Iglesias]

What is the name of your state? Florida

Hello To all and to Beth:

Our Warehouse Manager who is the only one in the warehouse, comes in at 8:00 and leaves at 5:00 PM. Even though, I have told him various times to take his lunch hour he eats at his desk for 5 - 10 minutes and then resumes work. I don't want any future issues of him saying that the company did not allow lunch.

We are implementing a Policy and Procedures Handbook, which I am assisting in creating (we purchased a template and we are editing it). Anyone's thoughts on wording the "Lunch or meal time" section. Our Office Manager also does the same thing at times and I have told her also to do the same, but knowone listens to me. By the way, for those who don't know me I am the Controller of a 10 employee company and I get involved in many matters other than accounting, treasurer functions.

Thanks, Al

 

[Beth3]

Hi, Al.

The main question is whether Florida mandates break times for employees (I don't think they do) or whether this is a company policy issue. If you're not sure about FL reg's, you should check that out. (cbg is not around at the moment and can't advise us.) Some companies do insist employees take all their full breaks for a variety of legitimate reasons; other employers leave it up to the employee.

So WHY do you want to insist these employees observe their breaks? Are they non-exempt and you want to avoid paying OT (a perfectly legit reason)? Is it so they get a few minutes of necessary rest during the day (also a perfectly legit reason)? Or is there some other reason?

One thing that always sticks in my mind when I'm working on policies is not to make a rule nobody is going to enforce. So assuming there is no FL mandate to provide breaks and thus this is entirely a policy matter, who is going to enforce the workrule that employees MUST observe the scheduled breaks?

 

[Al Iglesias]

Dear Beth:

I guess I was concerned because sometimes I see high levels of stress and I consider these employees friends as well and have told them nicely that they should take a break once in a while. I am not sure what the law states but I will find out in FL. Oh by the way they are exempt employees not eligible for OT, again it was just a concern. The warehouse guy who is only 36 just had some heart operation to fix some artery or the like. And our Office Manager Ginnie (like a second mom to me) is 65 and worries to much.

I will not force anything of course, I am really a nice guy
I just thought that if we stated that the company highly recommends that employees take their respective lunch hours that that would take heed and it would help I think both parties. By the way thanks for your quick response as usual.

Al in Tampa, FL

 

[Beth3]

I did go to Florida's DOL website (actually, now the Department for Workforce Innovation ) to try to find the answer but I gave up. It's not exactly "user friendly" when you're trying to find a wage and hour regulation.

Suggestions seldom work. If the company feels it important that these employees take breaks, their boss(es) is going to have to INSIST that they do so and then make sure they do - even to the point of threatening discipline if they don't change their habits. I know it feels terrible to threaten to discipline someone for being a hard worker but sometimes you gotta do what you gotta do.

At my last place of employment, I had a heck of a time getting some employees to use the hoists we provided for heavy lifting. They always said the hoists slowed them down and they couldn't get as much work done. I finally told them that I was fully prepared to fire them before I'd let them permanently damage their backs and end up disabled. That did the trick and I never had a problem with those particular employees follwing safety rules again.

 

[Al Iglesias]

Policies

Hi Beth:

Yes, I agree the Florida web site you noted had so many links to OTHER web sites. So I will search tomorrow, since it is almost 6:00 PM and I have a softball game at 8:00 PM. . Even at the ripe old age of 41, I can still hit the ball and also play basketball.

Well thanks again for your help. You are great!!

Your Pal Al in Tampa

 

[cbg]

Hi, I'm back.

The state of Florida does not make any kind of breaks for employees mandatory unless the employee is a minor.

However, the fact that the breaks are not required by law does not mean that you cannot enforce them. You can, and it will be legal. (The law does not give the employee a legally mandated break, but it does not forbid the employers from mandating one either.)

I agree with Beth that there is little point to creating the policy unless you are prepared to enforce it.