If someone clocks out for lunch and their manager knows they’re on break but still sees them working by their own choice, does the manager have to step in and stop them? Are there any rules that say a manager should tell the person to stop working while they’re clocked out?
If the manager gives them a proper lunch break and a place to relax, the manager isn’t responsible if they choose to work instead. They don’t have to monitor them the whole time.
But if the manager knows they’re working, they might need to step in. Letting them work when it’s known can mean extra pay for that day. It’s just one extra hour of pay for each day they miss a meal period, not a big penalty.
The California Supreme Court said that if an employee does this by choice, the employer doesn’t get in trouble for it. But they still have to be paid if they work during that time.
The manager should definitely stop them. The first time this happens, they should have a positive talk explaining that lunch is a time to rest and relax.
You never know; a few years later, they might bring a labor board claim saying they worked through lunch breaks. Better to be safe because California really enforces employee rights, and labor attorneys are not cheap.
@Charley
I think it would be good if company policy was to not allow working during break time, especially if a manager sees it happening.
Do you know if there are any specific state or federal rules where a company got fined for letting people work during breaks?
There’s no rule that specifically says a manager has to stop an employee from working on a break, but under the Fair Labor Standards Act (FLSA), if someone does work, even by choice, the employer must pay them for that time.
@Rory
That FLSA rule doesn’t apply in California when the employee works without the manager knowing about it. Courts have said managers don’t have to monitor rest periods to make sure no work is being done.
@Ari
I understand that active monitoring isn’t needed.
I was thinking more about a situation where a manager notices someone clock out but keeps working. If we see it happening and don’t stop them, could they later say they worked and should be paid?
@Lin
Yes, that’s likely. If they worked, they’ll need to be paid, whether you tell them to stop or not. You can prevent it, but there’s no rule saying you have to.
Vic said:
@Lin
Yes, that’s likely. If they worked, they’ll need to be paid, whether you tell them to stop or not. You can prevent it, but there’s no rule saying you have to.
Got it. Thanks for the clarification.
@Rory
Thanks, I’ll look into FLSA rules more for this situation.