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?







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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
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 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
















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?







share|improve this question














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
If this question can be reworded to fit the rules in the help center, please edit the question.








  • 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












up vote
-6
down vote

favorite









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?







share|improve this question














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?









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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
If this question can be reworded to fit the rules in the help center, please edit the question.




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
If this question can be reworded to fit the rules in the help center, please edit the question.







  • 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




    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










1 Answer
1






active

oldest

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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.






share|improve this answer
















  • 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 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.






share|improve this answer
















  • 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














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.






share|improve this answer
















  • 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












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.






share|improve this answer












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.







share|improve this answer












share|improve this answer



share|improve this answer










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












  • 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


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