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Old 08-22-2013, 10:52 AM
 
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Guys, just curious as to what one considers overtime. I am a non exempt employee, and have to login my hours...In essence, I work 8-5pm. If I work thru my lunch, would I add that as hours worked, since I am not taking the 1 hour away from my desk, even if I step away from say 10-15 mins?

If I don't fill in a time sheet, I get paid the 80 hours regardless. So just curious if I should calculate my working lunch as an extra hour in my day and have 5 overtime hours for the week if I do that everday
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Old 08-22-2013, 10:57 AM
 
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Quote:
Originally Posted by missdiagnosis View Post
Guys, just curious as to what one considers overtime. I am a non exempt employee, and have to login my hours...In essence, I work 8-5pm. If I work thru my lunch, would I add that as hours worked, since I am not taking the 1 hour away from my desk, even if I step away from say 10-15 mins?

If I don't fill in a time sheet, I get paid the 80 hours regardless. So just curious if I should calculate my working lunch as an extra hour in my day and have 5 overtime hours for the week if I do that everday
Do you have a required lunch break designated by your employer? If not, I'd log in every hour that you work, including the hour that worked instead of going to lunch. The first person you should be asking this question to is your manager.
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Old 08-22-2013, 11:00 AM
 
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I reckon everyone that works 8 hours a day gets a lunch break, what they do with it is on them. If I'm simultaneously working and eating during said 'break', does it count as extra time to the work day? Most of the folk here eat and work at their desk and not sure if they add the extra hour onto their time or leave it off. If I left the building for an hour and did nothing work related, I have no reason to add the extra hour.
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Old 08-22-2013, 11:08 AM
 
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you have to be paid for the time you work, so yes, you should be paid for that time. that's a federal rule. you can't opt out of this even if you want to "volunteer" to work during an unpaid break. and working while eating your lunch is still working. the place where i used to work actually instituted a system where employees had to verify whether or not they took a lunch every time they clocked out, to avoid lawsuits in the future. because even an employee who decides on their own to eat lunch at their desk and keep working can sue later if they weren't paid for it.

you might want to bring it up with your supervisor - although they may simply require you to stop working through lunch.
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Old 08-22-2013, 11:48 AM
 
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Are you working through lunch on your own volition or is your employer making you? If you're doing it on your own, I'd be careful about logging in OT.

Most companies require you to get approval before working overtime. Most companies also require you to take a lunch break. At my last job, if anyone worked OT without approval, that was grounds for termination.
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Old 08-22-2013, 12:09 PM
 
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It's going to vary by state.
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Old 08-22-2013, 12:36 PM
 
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Quote:
Originally Posted by EzPeterson View Post
It's going to vary by state.
Actually, it does not. It can vary as to whether you are paid or not for lunch, but that is completely the opposite of what the OP is asking. If the OP is working through their lunch hour then they need to be paid. The question is "should you be working through your lunch hour". In the few jobs I had that were hourly that was a no-no and considered unauthorized OT.

Last edited by Velvet Jones; 08-22-2013 at 12:55 PM..
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Old 08-22-2013, 12:44 PM
 
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If you work through lunch you must be paid for the time. The key is that the employer knows and allows you to work through lunch; you cannot go into an overtime status because you want to. Depending on your work environment, your employer can discipline you or terminate you for it. They can also send you home early to keep your hours under 40.
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Old 08-22-2013, 12:50 PM
 
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Thanks for the info guys...its a start up environment, if that makes any difference. And as stated, a lot of people work thru lunch and I am salaried, I only need to fill in a time sheet if I work overtime, as I am non-exempt...It hasn't been stated that one shouldn't, I was just curious if it was something I should log if I found myself doing that.
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Old 08-22-2013, 01:03 PM
 
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That's definitely a question for your manager then. It's true that your company may require prior approval for overtime, and working unapproved overtime could be a big deal. If they know the law, they won't be very happy to find out you've been regularly working through lunch, because they owe you that back pay whether it was your choice to do it or not, whether you want to be paid or not.

So... you might want to present this situation where you find yourself needing to work through lunch to get your work done as a new thing. That's up to you though.
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