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Attorney2020
Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I am a solo physician with 3 employees. I employ them on an

Customer Question

I am a solo physician with 3 employees. I employ them on an hourly basis. I offer them paid lunch (30 mins), and offer them 10 days of paid vacation in a year (paid on an hourly basis). One of my employees works 45 hours/week. Since I am paying for their break, which means an additional 2.5 hours/week, over time would be over 42.5 hours correct? Additionally I pay give them paid vacation days. Am I OK in not paying for the additional 2.5 hours of overtime since I am giving them a benefit of paid vacation days?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Attorney2020 replied 1 year ago.

No, pay the overtime separately. Paid duty-free meal breaks and vacations are optional, but overtime is required for any hours worked above 40 hours per week.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Customer: replied 1 year ago.
The paid lunch break 2.5 hours covers overtime pay for up to 47.5 hours/week using the 1.5 rule. My employees are aware of that understanding and it is written out in their contract. So from your response, you recommend removing the paid lunch and using it toward any overtime that occurs week to week. Is that correct?
Customer: replied 1 year ago.
Lets say I keep it the way it is with the understanding that my employees know that overtime will eat into their paid lunch and vacation and it is in writing, how could I get into trouble? They are being more than compensated for their work and then some in benefits that I am not required to offer.Worst case scenario, in the state texas, what kind of penalties would I run into? Would I just owe them the overtime pay?
Expert:  Attorney2020 replied 1 year ago.

You would owe them overtime pay and interest thereon for the overtime pay.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

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