Massachusetts Meal Period Policy and Acknowledgement Form

Transcription

1 Massachusetts Meal Period Policy and Acknowledgement Form It is Sodexo s policy to comply with all state and local wage and hour laws including those of the Commonwealth of Massachusetts. Therefore, Sodexo adopts the following meal period policy applicable to its nonexempt (hourly paid) employees who work in Massachusetts: Employees who work more than 6 consecutive hours per day are required to take a 30-minute, unpaid, duty-free meal period. If the employee s meal period is not indicated on a schedule, the employee s supervisor shall inform the employee of the time of the employee s meal period. Employees must clock or sign out and in for their meal period and shall not perform any work duties during the meal period. Employees who are unable or forget to clock out or in for a meal period must notify their supervisor immediately and record the missed punch on the Punch Exception Log, initial the entry, and have the supervisor or manager approve the entry by initialing the missed punch. Employees who are unable to take a meal period for any reason must notify their supervisor immediately. Employees who are not provided with a meal period as set forth in this Policy should contact their supervisor, manager or Human Resources representative immediately. If you have concerns about your meal periods, you can utilize Sodexo s Promise of Respect and Fair Treatment process or contact the Business Abuse Hotline to voice those concerns. Compliance with Sodexo s Massachusetts Meal Period Policy: Employees are expected to know and comply with Sodexo s Massachusetts Meal Period Policy. Violations include, but are not limited to: Failure to take meal periods as instructed. Failure to report missed meal periods. Failure to clock or sign out and in for meal periods. Per the Sodexo Payment of Wages for All Hours Worked Policy, CP-217, accurate timekeeping of all work time and meal periods is critical. 1 September 2013

2 Employees who fail to comply with Sodexo s Massachusetts Meal Period Policy will be subject to constructive counseling, up to and including termination of employment. Employees who intentionally violate Sodexo s Massachusetts Meal Period Policy and/or the Payment of Wages for All Hours Worked Policy (i.e. misrepresent time worked) are subject to immediate termination of employment. Managers who fail to enforce and comply with Sodexo s Massachusetts Meal Period Policy will be subject to constructive counseling, up to and including termination of employment. Employees Covered by a Collective Bargaining Agreement: Employees in units covered by a collective bargaining agreement shall follow the terms of the applicable collective bargaining agreement pertaining to meal periods and/or rest breaks, if more generous than this Policy. If the applicable collective bargaining agreement is silent on the subject of meal periods and/or rest breaks, then this Policy or state law shall apply. Employees who have any questions concerning this Policy should contact their supervisor, manager or Human Resources representative. Employee Acknowledgement I acknowledge that this policy has been provided and explained to me. I understand and agree to follow this policy. Print Employee Name: Employee Signature/ Date: 2 September 2013

3 Massachusetts Meal Period Compliance Manager Oversight and Enforcement To comply with Sodexo s Massachusetts Meal Period Policy, managers must: Post the Massachusetts Meal Period Policy and Acknowledgement Form where other notices to employees are posted. Schedule and post employee meal periods. Provide a 30-minute duty free meal period to employees working more than 6 hours. Remind employees when their meal periods are scheduled. Ensure coverage is available so that employees can take an uninterrupted 30 minute meal period. Ensure employees clock or sign out and in for their 30-minute unpaid meal periods. Review time records on a daily basis if possible. Review the Massachusetts Meal Period Policy with new employees on the first day during orientation. Have the employee sign the Employee Acknowledgement at the end and place in the personnel file. If an employee refuses to sign the Employee Acknowledgement, sign and date the form yourself to indicate when you provided and reviewed the policy with the employee. Note on the document the employee s refusal to sign and place in the employee s personnel file. Review the requirements of the Massachusetts Meal Period Policy with existing employees on a regular basis. Enforce the policy. Hold employees accountable for taking their meal periods as required. Promptly take disciplinary action according to the Constructive Counseling process or the disciplinary procedures provided in the applicable collective bargaining agreement. Always act consistently. Sodexo relies on its managers to ensure it complies with Massachusetts meal period requirements. Accordingly, managers who fail to comply with the policy will be subject to discipline up to and including termination of employment. If you have any questions about the policy or your responsibilities, contact your HR representative.

4 Massachusetts Meal Period Compliance Employee Constructive Counseling Employees are expected to know and comply with Sodexo s Massachusetts Meal Period Policy. Violations include, but are not limited to: Failure to take meal periods as instructed Failure to clock or sign out and in for meal periods Failure to report missed meal periods to the supervisor or manager Employees who unintentionally fail to comply with Sodexo s Massachusetts Meal Period Policy will be subject to constructive counseling as follows: For initial violations, deliver a Written Coaching. For second violations, deliver a Written Warning, review the policy with the employee and have the employee sign the Massachusetts Meal Period Policy and Acknowledgement Form. For third violations, deliver a second Written Warning, review the policy with the employee and have the employee sign the Employee Acknowledgement again. For fourth violations, employees may be subject to termination. Review the facts with your Human Resources representative. Employees who intentionally violate Sodexo s Massachusetts Meal Period Policy (for example: misrepresent time worked) are subject to immediate termination of employment. All Constructive Counseling Notices must be placed in the employee s personnel file. Template Constructive Counseling Notices are provided to assist you in documenting written coaching and written warning actions. If you need assistance, contact your Human Resource representative.

5 MASSACHUSETTS MEAL PERIOD Q&A Q1. Do employees have to punch/sign out and in for meal periods? A. Absolutely. It is important documentation to confirm employees have received their 30-minute meal period as required by state law. Q2. Can an employee voluntarily decide to work through her meal period? A. Yes. However, the employee must be paid if she voluntarily agrees to waive her meal period by 1) working through her meal period, or 2) agreeing to remain on premises. Q3. Can I require an employee to take a meal period at her workstation? A. No. An employee must be relieved of all work duties during the 30-minute meal period. Q4. Can I allow an employee to work through her meal period so that she can leave work 30 minutes early? A. No. Working through a meal period does not entitle an employee to leave work prior to her scheduled quitting time. Q5. Can I require my employees to stay on the work premises during their meal periods? A. No, not unless they are paid for their time. You can require your employees to remain on the premises during their meal periods if a suitable place exists for them to eat. However, that would deny them the time for their own purposes and they would, in effect, remain under the Company s control, and therefore the meal period would have to be paid. 1

6 Q6. All my employees start at the same time each day. Do I have to give them their meal period at the same time? A. No, employees do not have to have the same meal period if they start their shift at the same time. Q7. How do I ensure that employees are receiving and taking their required meal periods? A. Scheduling meal periods ensures employees receive their required meal periods. Review time records on a daily basis if possible. If the time records reveal: (1) no clock/sign out and/or in for the 30-minute meal period, or (2) a meal period is less than 30 minutes: 1. Discuss the time record with the employee and record the reason on the time record. Have the employee sign or initial the notation on the Punch Exception Log, the Time Card Approval Report or the Manual Timesheet. 2. If the employee states the missed or short meal period occurred because of personal reasons unrelated to work requirements proceed with the appropriate constructive counseling step using the Constructive Counseling Notice. Remind the employee of the obligation to take meal periods according to Sodexo s Massachusett s Meal Period Policy and review the policy with the employee again. 3. If the employee states that he did, in fact, take a meal period but forgot to clock/sign out or in, proceed with the appropriate constructive counseling step using the Constructive Counseling Notice. Remind the employee of the obligation to take meal periods according to Sodexo's Massachusetts Meal Period Policy and to clock/sign out and in for their meal periods. 4. Ensure all Punch Exception Logs, Time Card Approval Reports and Manual Timesheets are maintained with other time records for the pay cycle. 2

7 Q8. Am I allowed to adjust the schedule for meals periods from one workday to the next, or does the meal period schedule need to be fixed? A. There is no requirement that the scheduling of meal periods be fixed. The law permits flexibility in scheduling meal periods on a day to day basis based on the employer's operational needs. This is to avoid interruption in the flow of work and to maintain continuous operations. Q9. If an employee starts a meal period, but is interrupted to do work, what should we do? A. If an employee must return to work early, the employee must be paid for the time the employee had clocked out prior to being interrupted. Q10. Do I have to provide rest breaks to my employees? A. No. Massachusetts law does not require rest breaks. However, a unit may voluntarily choose to provide paid rest breaks to employees. If so, it is critical rest breaks are fair and equitable for all employees. Q11. Can I provide my employees with rest breaks even though they are not specified in the policy? A. Yes, you can provide paid rest breaks if your operation allows. However, it is important rest breaks are made available to all employees and not just a select few. Q12. Are smokers entitled to rest breaks? A. No. Smokers are not entitled to additional rest breaks if rest breaks are provided to employees. 3

8 Q13. How does the policy apply to employees who are scheduled for two shifts? A. Employees working two shifts in a day are entitled to the meal periods based on the number of hours in each individual work shift. For example, if an employee works 4 hours in the morning and another 4 hours in the late afternoon, the employee would not be entitled to a meal period on either shift. However, if the employee worked 4 hours in the morning and then 6 ½ hours on the second shift, the employee would be entitled to a 30-minute meal period on the second shift. Q14. I have employees scheduled to work 10 hours and sometimes longer. What is an employee entitled to if they work 10 or more hours? A. Employees who work 10 or more hours are entitled to one (1) 30-minute meal period. You can provide an additional meal period based on your operational needs. Q.15. What do I do if an employee refuses to sign the Employee Acknowledgement on the Sodexo Massachusetts Meal Period Policy? A. If an employee refuses to sign the Employee Acknowledgement, simply sign and date the Employee Acknowledgement yourself to indicate the date you provided and reviewed the policy with the employee. Note the employee s refusal to sign and place it in the employee s personnel file. You should remind the employee, however, that failure to follow the Massachusetts Meal Period Policy is grounds for constructive counseling, up to and including termination, and the employee s refusal to sign the Employee Acknowledgement does not excuse him or her from that obligation. 4

9 Q16. What do I tell employees who have questions about past failure to provide the meal periods outlined in the Massachusetts Meal Period Policy? Q17. Do the state law and the Sodexo Massachusetts Meal Period Policy apply to my Admin Assistant and Chef (Class Code 4 positions)? They complete a timesheet which I approve and send to the area/regional office for processing. Q18. I manage client employees. Do I post Sodexo s policy and have employees sign the Employee Acknowledgement on the policy? Q19. I have employees that use pagers for their work. How do I ensure they are not interrupted during their meal periods? A. If employees seek additional information about the reason for the Employee Acknowledgement or if they raise specific complaints about past practices, please tell them to contact their Human Resources representative directly and provide the employee with the HR contact information. A. Yes. The Massachusetts state law and Sodexo policy for meal periods does apply to administrative assistants and chefs. It applies to all nonexempt (hourly paid) employees, not just the frontline employees paid through Labor Management. A. No, you should not post a Sodexo policy or have the client employees sign a Sodexo employee acknowledgement. Consult with the client s Human Resources representative to discuss what resources they have available to educate and keep the employees informed of Massachusetts state requirements. A. Employees should be instructed to turn off their pagers, radios, beepers etc. and log out of any work assignment systems before the start of their meal periods. 5

10 Q20. I supervise union employees. Do I implement this policy in my unit? A. You should check the collective bargaining agreement and see what it says about meal periods and rest breaks. If the collective bargaining agreement is more generous than Sodexo s policy and Massachusetts law on meal periods, then follow the union contract. For example, some agreements may provide for 45- minute meal periods, instead of the Massachusetts minimum of 30-minute meal periods. If Massachusetts law or Sodexo s policy is more generous than your union contract on meal periods, follow the more generous policy or state law. Follow the union contract on any rest break requirements. If the union contract does not have a provision covering meal periods, then you should follow Sodexo s policy. However, before applying Sodexo s policy or distributing the Massachusetts Meal Period Policy and Acknowledgement Form to employees, you must consult with your Labor Relations representative. Additionally, when applying Sodexo's policy, you do not want to act contrary to any other part of the union contract. For example, any discipline under Sodexo s Massachusetts Meal Period Policy must be consistent with the disciplinary process provided in your union contract. Please consult your designated Labor Relations representative for information specific to your location. Q21. Is there a poster on meal periods? A. Yes, there is a Massachusetts Wage & Hour Laws poster. In addition, the Sodexo Massachusetts Meal Period Policy and Acknowledgement Form must be posted in an area accessible to employees (i.e. on the employee bulletin board or near the time clock). These documents provide the details on meal period requirements. The policy is available in English and Spanish. 6

11 Q22. What are the consequences if I don t follow the Massachusetts Meal Period Policy? A. A manager has the responsibility to comply with the policy and state law. Failure to do so creates great risk for Sodexo. Claims for violations of Massachusetts meal period laws can be very costly. Managers not complying with the policy will be subject to constructive counseling up to and including termination of employment. 7