Required to work 8.5 hr days to include lunch breaks that are 100 never taken. Should this be 8hr shifts?

UPDATED: Oct 1, 2022

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Required to work 8.5 hr days to include lunch breaks that are 100 never taken. Should this be 8hr shifts?

Exempt employees must work 8.5h shifts to include lunch breaks. lunch breaks are
100 never taken and are ALWAYS worked through. Employees grab lunch and answer
calls, and complete computer work while eating daily. Should the shifts required
be 8hr and not 8.5hrs?

Asked on February 14, 2019 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is actually no federal or state (Utah) law requiring lunch breaks for employees age 18 and over. An employer is free to not have any lunch breaks. If they choose to offer them, they may put whatever rules or restrictions on them that they want--including that an exempt employee must work 8.5 hours to have a break.

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