I have an employee who wants to waive her rights to her lunch break. Normally, any staff who works more than 7 hours takes a 1-hour unpaid lunch break. Most of them work 9-6 so they are paid 8 hours a day.
In her case, she works 8-4. If we follow the rule, then she'll only be paid 7 hours per day.
1. Is there any law I am breaking in NJ by allowing her to waive the lunch break? I've searched online and didn't find any lunch break laws for NJ.
2. Even if there isn't any law, I feel I'm being cheated out of this setup since she takes a lot of breaks - smoking breaks and even goes out a couple of minutes during lunch to buy her food. So technically she is not working straight during those hours.
Any advice would be greatly appreciated, like maybe how you handle it in your own small businesses.
What is your formal attendance policy? Do employees have to record their breaks? There are absolutely legal ramifications though we operate in California and cannot help you on that one. However, let's say you allow two ten minute breaks per day. The remaining time that they take would count toward a lunch break. Just a thought.
A good time and attendance policy could help you. Sorry couldn't be more help.
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