Meal Time Breaks

[Andreo]

All of my 17 employees unanimously voted to forgo legally mandated lunch break scheduling for the freedom of leaving 1/2 hour early each day, all 17 signed a statement requesting schedule amendment and indemnifying my company for any ill effects. I believe in the need for meal time so for their health, and optimum performance, I permitted them to order in or pick up lunch and for all to take time to relax and eat. Now 2 are threatening to take me before the labor board for back meal time pay due 1 of them. So I am placing them both back on a schedule to include the 1/2 hour for meals in the middle of their 8 hour day and they are now threatening to sue me for this action also.I can't seem to win for losing.

[Walker]

It is illegal for employees to forgo a mandated lunch break to leave early.  You should make sure that all employees take the 1/2 hour mandated lunch break. They cannot sign away a legally mandated lunch break.

You cannot be sued for scheduling a legally mandated lunch break but you can be sued for not providing the legally mandated lunch break.  If the employee left early than you may have to pay for the mandated lunch break that they were not given, but if they left early they would only be paid for the time they worked.

Shirley