What to do if my employee refuses to take their break?

Question

It is a law? They would rather work instead . should i force them to go or is it a work law?

labor laws in ny?

Answer 1

You can't 'force' them to take their break. Yes, they should be taking it as per labour laws.

I would just document it. Dates, times they were supposed to take their break and what their response was when you asked/insisted that they do take it.

Nice to have an eager employee!

Answer 2

I never take a break or lunch. I work 8 and half hours a day and only record 8 hours. I don't take breaks because I am not comfortable in my work environment and I get anxious leaving my desk. There is an employee that is threatening and verbally abusive and I only feel safe at my desk. I am telling this to you to give you insight as to maybe why your employee is not wanting to go on break. I am in fear of my personal safety if I alert anyone to the abuse so I just prefer my boss being a little frustrated by my not taking a break. If he really cared he would pull into a safe area and have an actual discussion about why I don't go on break.

Answer 3

There are no laws that say you have to give them a break as some people believe. If an employee wants to work through the break that you allow them to have out of kindness then that is one good employee.

Answer 4

It depends on whether you are talking about 15 minute rest breaks that are paid time or 30 to 60 minute meal breaks which usually are unpaid time. Many people work through 15 minute breaks but you cant actually let a person work and not pay them for a meal break. Employees work better if they take a little time away from their work and come back refreshed. I would insist that they take time away from their work tasks even if they dont want to eat or socialize.

Answer 5

You should give them a raise for working so hard. Most laws are that an employee has to take a 30 minute meal break if they work more than 6 hours in a row. I don't really see how you could "force" them to take it however.

Answer 6

I used to not take my 15 min breaks either - there was just too much to do. It didn't matter on the payroll system we were under if the 15 mins were clocked in or not so it wasn't a big deal. I always took the 30 mins because I was hungry by then and it's illegal for it not to be taken and clocked in.

Let them work if they want, but as someone suggests, you never know if people would use it against you later, so have them sign something saying they give it up. I

Answer 7

The law says that they must be allowed a break. If they refuse to take their break, I would suggest that you have them sign a note acknowledging this. Maybe something such as: "Although my employer has allowed and scheduled a break time, I __________, have chosen not to take my break. This is my own decision and I am fully aware of the labor laws concerning employee breaks. I will in no way hold my employer responsible for paying any additional wages for the time allotted for breaks that I choose to work."
Have them sign and date it and keep it in their employee file.

Answer 8

In some states, it's a law that they must get a break after a certain number of hours - in most places it isn't. Check on what the law is in your state. It is probably on your state website under department of labor if it's required.

Answer 9

If they are under 18 years of age a break is required by law. If their over 18 they do not have to take a break but its your company and you can choose to have them take an unpaid break if you wish.

Answer 10

If they are on a paid break, and you offer to let them sit out and they don't...that's a choice.

However, you can force them to take a lunch...unpaid. If they refuse to clock out, that is grounds for termination...b/c you risk getting fined if your time records are reviewed and your employee has worked over with no lunch.....or even worse, if they quit and then turn around and sue you claiming you never gave them a lunch. You need to have time records to back that up.

Protect yourself.