Employers must pay healthcare employees for working through lunch periods unless the employer completely removes them for all work during the lunch period.
Federal law doesn’t require meal or rest breaks, so unless state laws apply, employers are not legally required to provide breaks or lunch periods.
What The Law Says About Working Through Lunch
Although federal law doesn’t require meal or rest breaks, the Department of Labor (DOL) makes specific provisions for employees. The DOL mandates that the employer pay employees for any break under 20 minutes. If the break is over 30 minutes, it is unpaid or “off-the-clock” time.
Kansas and Other State Laws
Do you expect time off for lunch? It might surprise you to learn that no state laws in Kansas and many other states require companies and employers to provide rest breaks. However, Kansas Labor Law states employers must provide on-duty meal breaks for employees working eight or more consecutive hours.
Companies that offer meal and rest breaks in Kansas default to federal law. That means healthcare workers who take a 20-minute or less break must be compensated for that time. Additionally, the employer must include any break time in the total number of hours worked during a workweek to determine if the employee worked overtime. A break longer than 30 minutes doesn’t require compensation. However, for the break to be considered “unpaid,” the employee must be completely relieved of all work duties during that time.
A company or employer may automatically deduct a 30-minute meal break from each shift. However, they must ensure that the break is completely uninterrupted. If an employee’s 30-minute lunch break is frequently interrupted and benefits the employer more than the employee, the employee must be compensated for that time.
When Should Healthcare Workers Be Paid For Working Through Lunch Periods?
If healthcare employees are required to work through their lunch periods or are not completely relieved of their duties during meal breaks, that time is considered compensable work time, and employers must pay employees for the lunch period. For example, nurses who must remain on-call or be available to respond to emergencies during their lunch breaks would typically be entitled to compensation for that time.
Unionized healthcare employees may have meal break provisions negotiated in their collective bargaining agreements that dictate whether meal breaks are paid or unpaid.
Employers may have their own policies regarding meal breaks and compensation for working through meal periods. These policies must comply with applicable federal and state laws. If a healthcare worker’s employment contract states that 30-minute breaks are compensable work time, then they are entitled to be paid.
Off-The-Clock Wage Violations
Some companies use timekeeping systems that automatically clock employees out for lunch. However, some healthcare employees’ lunch breaks are interrupted, or they are still responsible for work-related tasks during that time. Not accurately tracking breaks is a common off-the-clock work violation.
Common Healthcare Worker Wage Violations
Unpaid Overtime: Healthcare workers, especially those in nursing, caregiving, or medical support roles, may work long hours that exceed the 40-hour workweek without receiving overtime pay.
Off-the-Clock Work: Employers may require healthcare workers to perform tasks before or after their shifts, such as completing paperwork or attending meetings, without compensating them for this time.
Failure to Pay for Training or Meetings: Healthcare workers may be required to attend training sessions, meetings, or other work-related events outside of their regular shifts but may not be compensated for their time spent in these activities.
Rowdy Meeks Legal Group LLC: We Fight For Employee Pay Rights
Understanding your rights as a healthcare employee can be challenging, so you should consult an experienced employment attorney. They will be familiar with state and federal wage laws, and can assess the strength of your case.
If you have been working through lunch and want to learn more about your rights, you should contact Rowdy Meeks Legal Group LLC for a free consultation.