Human Resource Blog

Breaks and Lunches

	Compensation
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I am a dedicated worker. I have no problem with working through my paid, 15 minute breaks or my 30 minute lunch if my work load is overwhelming. My problem is of being threatened that I can’t do that by law because I will get the company in trouble. I would think the only way for them to get in trouble is if “I” see it as an issue of my work load being overwhelming and not being allowed to take my breaks. I would think in todays work place that it would be appreciated that someone is willing to “freely” give their time such as I am. I feel as though the Supervisor should be concerned with those that are abusing their FMLA, their abusing the right to walk away and take numerous long personal phone calls and not hassle someone that is willing to give their time such as I am.

You don’t mention which state you are in, but a number of states do require that employers give workers rest breaks and meal breaks. And, employers can be fined when anyone complains, not just the employee affected. So a coworker or payroll person could complain, and the company could face hefty fines. In some states an employee can legally waive their rights to breaks as long as it is done in writing. In others, employees do not have that right.

Many companies see unpaid meal breaks as a way to control payroll costs. So an employee who works through a meal break is not being helpful — she’s generating additional payroll expense. Ideally, the worker would be more efficient and get her work done in the allotted time. As far as the coworker’s actions –they’re irrelevant to your situation, and you would be much better off to ignore them.