Let's Have Lunch?

Mondays we will be doing Wage and Hour Law compliance. That is a broad subject so we should be able to get some good discussions going. Today I want to blog about something that has bothered me for a long time. And that is the fact that the United States has no federal law that requires employees to receive a meal period. For those new to wage and hour law or perhaps are confusing federal law with state law let me recap the requirement under the Fair Labor Standards Act (FLSA).

Per the DOL website: Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.

The DOL instructs how to pay it but not to actually give it. There are states that do require a meal period. Check the link http://www.dol.gov/whd/state/meal.htm for a list from the DOL’s state laws page. Less than half or 20 out of 50 states plus DC require a meal period. That means that while employees in California, Nevada, Massachusetts or Rhode Island for example are entitled to take time to eat, employees in Mississippi, Florida or Georgia must rely on the kindness or good will of their employer to eat a meal.

That is why my question today is simple: Why is there no law under the federal rules to require an employee to receive a lunch break? It’s not necessary is one argument I hear constantly. No employees would work for a company that didn’t give them a lunch. I actually had that discussion today during lunch at the International Association for Human Resource Information Management Exposition. The HR professionals all agreed to that premise. Maybe in good times when jobs are plentiful, but what about these economic times? Or in low pay jobs?

Another argument against regulating lunch is that it is such a common practice in most cases so there’s no reason to have to legislate it. But is it common practice or common myth? If you follow the DOL on their audit information they release or court cases you know that failure to pay employees when they have worked through a lunch is actually quite common. In other words employers illegally dock employees for lunch when they haven’t taken it so what makes anyone think that they are offering lunches to everyone when not required to.

I am not asking for a paid lunch. But simply require that all employees within the United States regardless of the area of the country they live in deserve and are entitled to 30 minutes to eat lunch during the course of the work day. This wouldn’t be that hard. Other industrial nations offer it. 20 states offer it. And unlike the minimum wage that is actually based on the economics of the area where the employee works eating lunch is not. I totally agree that the cost of living in Kansas may be lower than in California so each state should be free to set a higher or lower minimum wage than the other. But the need to take time to eat food during the course of an eight hour day is not decided by geographical location.

Maybe payroll professionals should rise up and start the “Let’s Have Lunch” movement to make the law universal to all employees in all states. It certainly would make our job easier if the laws were more streamline. That’s my thought for today on wage and hour law…what do you think?

Why Isn’t Payroll Considered Professional by Other than Payroll?

Fridays are the days that I am going to use to vent about payroll. Today it is not about payroll itself but rather the view that other professions, careers, occupations or basically anyone other than a payroll professional has of our chosen career field. I know that you have encountered the same reactions to being a payroll professional that I have. It can range from “what will you do when you finally decide on a career?” to “that’s not a bad job at least you get to know what everyone makes” to the worst of all “payroll really isn’t a profession it’s just a job”. That last one gets me most of all. I am proud of what I do for a living and of the people I associate with and the work we do.


But why isn’t payroll considered a profession in our society? Well let’s look first at the definition of profession and maybe we can find the answer there. As described at dictionary.com a profession is:

1. A vocation requiring knowledge of some department of learning or science: the profession of teaching.
2. Any vocation or business.
3. The body of persons engaged in an occupation or calling: to be respected by the Medical profession.

So if you go by the literal definition of profession we qualify. We have knowledge of some department or science. We have to know the law, the tax code, and computer software. These are areas that are used by other occupations that are deemed to be professions. There is definitely a body of persons engaged in our occupation. For every company in the United States with employees there is a payroll person paying somebody somewhere. And we certainly are a vocation and there is definitely big business wrapped up in payroll. Just check out the bottom lines of the major payroll processors, not to mention the fact that over 30 IRS publications or forms are created specifically for us.

So why then aren’t we given the respect we deserve as a profession? Last December I was involved in expert witness for a court case concerning payroll. I was asked to give my opinion about whether or not I thought a practice by the defendant was within the bounds of normal payroll procedures. When I gave my written report I used the word payroll industry rather than payroll profession because I know that society (read lawyers!) does not accept payroll as a profession. Well the attorney taking my deposition for the defense jumped on that one. He asked “Don’t you consider payroll a profession?” in a smug tone. And I got on my soap box. Yes I do, I stated forcefully but the rest of the professional world such as lawyers, CPAs and medical personnel do not. He had to agree that it is definitely view that way. And again I ask why.

When I first started in payroll back in 1977 personnel (as it was called in the old days) and payroll were pretty much equal. We both were paper pushers and clerks. But 12 years later, in 1989 I received my BBA in Personnel Management because there was no academic degree for payroll only personnel. And in the 20 years hence, Human Resources has soared into a profession with Masters degrees and maybe even doctorates at some universities. But yet there is still not one course of training at the college level that I am aware of for payroll other than the odd payroll accounting course or labor studies. But you certainly can’t get a full BA in it. Again I have to ask why.

I guess for one answer to my question maybe I have to quote Shakespeare in the play Julius Caesar, "The fault, dear Brutus, is not in our stars, But in ourselves, that we are underlings." Did we spend so much time doing payroll that we didn’t push payroll? What do you think?

My First Post On Our New Website

My name is Vicki M. Lambert.  I am a CPP, Certified Payroll Professional.  I have been a payroll professional for over 30 years.  Some of you may have heard of me.  I live, write, teach, breath, eat, sleep, talk about and basically exist for payroll.  I have written 10 books on payroll, I am currently the editor for a payroll newsletter and I teach online courses leading to a certificate in payroll practice and management.

I am very proud of my profession.  And yes, I call it a profession.  And I wanted to start this blog to have a place to discuss payroll issues and the profession itself.

How will I do that?  First, I will post a short blog point each day on some facet of payroll.  It could be a compliance point, comments on new legislation pending, or whatever comes up for the day. What I hope will happen is that other payroll professionals will add their thoughts to mine and get the dialog started.

In the coming days I will be adding many exciting gadgets to the blog including an ask a question area where you can get help from other payroll professionals for your unanswered questions.

I hope you find the blog useful, informative, fun, entertaining, and yes, thoughtprovoking.  And of course I hope you return often.