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Clocking Out Fot Unpaid Lunches

Workers Compensation Law Discussion

Clocking Out Fot Unpaid Lunches

Postby Berto » Thu Dec 15, 2016 3:59 pm

Does NYS require hourly employees to punch out for lunch or is an automated system deduction allowed?
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Clocking Out Fot Unpaid Lunches

Postby Doughal » Fri Dec 16, 2016 2:08 am

Does NYS require hourly employees to punch out for lunch or is an automated system deduction allowed?
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Clocking Out Fot Unpaid Lunches

Postby Amot » Thu Dec 22, 2016 12:09 pm

Automated lunch punches are allowed as long as they are applied equitably across the organization for employees of the same positioned level. However, there is a grey area in that, if you work through your normal lunch period and you are a non-exempt(hourly) employee, you still must be paid for that time worked. In this case, the employer will have to make a manual adjustment to the time clock to compensate for the auto punch.

Hope this helps!

Shannon M. Reising, MSP, PHR
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