Do I have to pay employee for 9 hours from 8 to 5 [closed]
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I have employees that are service techs. They're out in the field all day. They go thru drive-thru for breakfast and lunch. stop at the store a couple times a day. Then they write on time card "no lunch" so then they have 9 hours from 8-5 so they have overtime. Do I have to pay them for this?
overtime hours lunch break-time non-work-activities
closed as off-topic by Stephan Kolassa, gnat, Jane S♦, scaaahu, Roger Jun 5 '15 at 10:40
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Stephan Kolassa, gnat, Jane S, scaaahu, Roger
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up vote
-6
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I have employees that are service techs. They're out in the field all day. They go thru drive-thru for breakfast and lunch. stop at the store a couple times a day. Then they write on time card "no lunch" so then they have 9 hours from 8-5 so they have overtime. Do I have to pay them for this?
overtime hours lunch break-time non-work-activities
closed as off-topic by Stephan Kolassa, gnat, Jane S♦, scaaahu, Roger Jun 5 '15 at 10:40
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Stephan Kolassa, gnat, Jane S, scaaahu, Roger
7
This is a legal question and would depend entirely on your jurisdiction and their contracts.Not something that can be answered here.
– Laconic Droid
Jun 4 '15 at 13:48
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up vote
-6
down vote
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up vote
-6
down vote
favorite
I have employees that are service techs. They're out in the field all day. They go thru drive-thru for breakfast and lunch. stop at the store a couple times a day. Then they write on time card "no lunch" so then they have 9 hours from 8-5 so they have overtime. Do I have to pay them for this?
overtime hours lunch break-time non-work-activities
I have employees that are service techs. They're out in the field all day. They go thru drive-thru for breakfast and lunch. stop at the store a couple times a day. Then they write on time card "no lunch" so then they have 9 hours from 8-5 so they have overtime. Do I have to pay them for this?
overtime hours lunch break-time non-work-activities
edited Jun 4 '15 at 16:40


DJClayworth
40.8k886146
40.8k886146
asked Jun 4 '15 at 13:42
user36800
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4
closed as off-topic by Stephan Kolassa, gnat, Jane S♦, scaaahu, Roger Jun 5 '15 at 10:40
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Stephan Kolassa, gnat, Jane S, scaaahu, Roger
closed as off-topic by Stephan Kolassa, gnat, Jane S♦, scaaahu, Roger Jun 5 '15 at 10:40
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Stephan Kolassa, gnat, Jane S, scaaahu, Roger
7
This is a legal question and would depend entirely on your jurisdiction and their contracts.Not something that can be answered here.
– Laconic Droid
Jun 4 '15 at 13:48
suggest improvements |Â
7
This is a legal question and would depend entirely on your jurisdiction and their contracts.Not something that can be answered here.
– Laconic Droid
Jun 4 '15 at 13:48
7
7
This is a legal question and would depend entirely on your jurisdiction and their contracts.Not something that can be answered here.
– Laconic Droid
Jun 4 '15 at 13:48
This is a legal question and would depend entirely on your jurisdiction and their contracts.Not something that can be answered here.
– Laconic Droid
Jun 4 '15 at 13:48
suggest improvements |Â
1 Answer
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6
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You need to clarify your working day. You need to adjust your contract to say that the employees 'are required take an off the clock lunch of 1 hour'. I have seen this before, and it would protect you from employees milking you for 'overtime'.
Your contract should also state that overtime must be approved in advance by management.
Tread carefully though, you can't require your people to work lunch or drive between worksites on their 'lunch hour' if you require them to take one.
They may also walk off a job site at 5:00 if they are not allowed to work overtime without prior authorization.
1
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
suggest improvements |Â
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
6
down vote
You need to clarify your working day. You need to adjust your contract to say that the employees 'are required take an off the clock lunch of 1 hour'. I have seen this before, and it would protect you from employees milking you for 'overtime'.
Your contract should also state that overtime must be approved in advance by management.
Tread carefully though, you can't require your people to work lunch or drive between worksites on their 'lunch hour' if you require them to take one.
They may also walk off a job site at 5:00 if they are not allowed to work overtime without prior authorization.
1
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
suggest improvements |Â
up vote
6
down vote
You need to clarify your working day. You need to adjust your contract to say that the employees 'are required take an off the clock lunch of 1 hour'. I have seen this before, and it would protect you from employees milking you for 'overtime'.
Your contract should also state that overtime must be approved in advance by management.
Tread carefully though, you can't require your people to work lunch or drive between worksites on their 'lunch hour' if you require them to take one.
They may also walk off a job site at 5:00 if they are not allowed to work overtime without prior authorization.
1
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
suggest improvements |Â
up vote
6
down vote
up vote
6
down vote
You need to clarify your working day. You need to adjust your contract to say that the employees 'are required take an off the clock lunch of 1 hour'. I have seen this before, and it would protect you from employees milking you for 'overtime'.
Your contract should also state that overtime must be approved in advance by management.
Tread carefully though, you can't require your people to work lunch or drive between worksites on their 'lunch hour' if you require them to take one.
They may also walk off a job site at 5:00 if they are not allowed to work overtime without prior authorization.
You need to clarify your working day. You need to adjust your contract to say that the employees 'are required take an off the clock lunch of 1 hour'. I have seen this before, and it would protect you from employees milking you for 'overtime'.
Your contract should also state that overtime must be approved in advance by management.
Tread carefully though, you can't require your people to work lunch or drive between worksites on their 'lunch hour' if you require them to take one.
They may also walk off a job site at 5:00 if they are not allowed to work overtime without prior authorization.
answered Jun 4 '15 at 14:15
Bill Leeper
10.7k2735
10.7k2735
1
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
suggest improvements |Â
1
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
1
1
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
When I started, my contract clearly said 8 hours of work pet day not including the 42-minute lunch break. (IBM accounting worked in terms of decimal hours, hence the lunch had to be a multiple of 6 minutes.) That yielded an actual work day from 8:30 to 5:12.
– keshlam
Jun 5 '15 at 15:29
suggest improvements |Â
7
This is a legal question and would depend entirely on your jurisdiction and their contracts.Not something that can be answered here.
– Laconic Droid
Jun 4 '15 at 13:48