How many hours can an empoyee work before having to take a lunch break?
Employee wants to skip lunch to get out of work early.
Answered 6 years ago|
Generally, no employer shall employ a non-exempt employee for a work period of more than 5 hours without a duty-free meal period of not less than 30 minutes. Additionally, every employer shall authorize and permit all non-exempt employees to take rest periods which insofar as practicable shall be in the middle of each work period. The rest period time shall be based on the total hours worked daily at the rate of 10 minutes net rest time per 4 hours or major fraction thereof.
As long as you offer a lunch break you cannot force the employee to take it. If they choose to work through that's their choice. If they choose to do so do and want to leave early, then it is up to you as to whether or not you want to allow it.
The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com
and retain an attorney to represent you.