Deducting Breaks from Payment at Work
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Should an employer be allowed to automatically deduct a meal break period from an employee as a standard payroll deduction, or should the employee first actually take the break before such a deduction occurs?
Did the 6th circuit court in Frye v. Baptist Memorial Hospital get it wrong? Explain your response. To find the case, you can Google it, or visit the following link: http://www.ca6.uscourts.gov/opinions.pdf/12a0926n-06.pdf
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The expert examines deducting breaks from payments at work.
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The Fair Labor Standards Act permits an organization to automatically deduct time for a lunch break for employees. This is what happened to James Frye, an ICU step down nurse at Baptist Memorial Hospital in Memphis, Tennessee. As an ICU employee, the nurse often did not get a lunch break and Often did not file an exception, which would have alerted the HR department that he had not taken the lunch break. In Frye v. Baptist Memorial Hospital, Inc., the 6th District Court determined that James Fry failed to sign consent within FLSA's statute of limitations (United States Court of Appeals, 6th District, 2006).
While judgment for the defendant, Baptist Memorial Hospital, Inc., is technically correct, there ...
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