PDF New York Meal Period Policy and Acknowledgement Form for ...
New York Meal Period Policy and Acknowledgement Form for Nonexempt Employees
It is Sodexo's policy to comply with all state and local wage and hour laws including those of the State of New York. Therefore, Sodexo adopts the following policy applicable to its nonexempt (hourly paid) employees who work in New York:
Employees who work a shift of more than 6 hours are entitled to a 30-minute unpaid, duty-free and uninterrupted meal period.
Employees who work a shift of more than 6 hours with any part of the employee's shift included in the time period between 11:00 a.m. and 2:00 p.m., are required to take a 30minute unpaid, duty-free and uninterrupted meal period between the hours of 11:00 a.m. and 2:00 p.m.
Employees who work a shift of more than 6 hours starting between 1:00 p.m. and 6:00 a.m. are required to take at least a 30-minute unpaid, duty-free and uninterrupted meal period at a time half way between the start and the end of their shift.
Employees who work a shift of more than 6 hours starting before 11:00 a.m. and continuing later than 7 p.m. are required to take an additional 20-minute duty-free and uninterrupted meal period between the hours of 5:00 p.m. and 7:00 p.m.
Employees must take the meal period every day and may not waive it.
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, record 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 record or 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 not allowed to take 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.
1 September 2013
Compliance with Sodexo's New York Meal Period Policy for Nonexempt Employees: Employees are expected to know and comply with Sodexo's New York Meal Period Policy for Nonexempt Employees. Violations include, but are not limited to: Failure to take meal periods as instructed. Failure to report missed meal periods. Failure of nonexempt employees to clock, record 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. Employees who fail to comply with Sodexo's New York Meal Period Policy for Nonexempt Employees will be subject to constructive counseling, up to and including termination of employment. Employees who intentionally violate Sodexo's New York Meal Period Policy for Nonexempt Employees 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 New York Meal Period Policy for Nonexempt Employees 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
New York Meal Period Policy for Exempt Employees
It is Sodexo's policy to comply with all state and local wage and hour laws including those of the State of New York. Therefore, Sodexo adopts the following policy applicable to its exempt (salary paid) employees who work in New York: Employees who work for a period of more than 6 hours shall be allowed a 30-minute meal
period. Employees who work a period of more than 6 hours with any part of the employee's work
period included in the time period between 11:00 a.m. and 2:00 p.m., shall be allowed to take a 30-minute meal period between the hours of 11:00 a.m. and 2:00 p.m. Employees who work a period of more than 6 hours starting between 1:00 p.m. and 6:00 a.m. shall be allowed to take at least a 30-minute meal period at a time half way between the start and the end of their work period. Employees who work a period of more than 6 hours starting before 11:00 a.m. and continuing later than 7 p.m. shall be allowed to take an additional 20-minute meal period between the hours of 5:00 p.m. and 7:00 p.m. Employees who are not allowed to take a meal period as set forth in this Policy should contact their 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 New York Meal Period Policy for Exempt Employees Employees are expected to know and comply with Sodexo's New York Meal Period Policy for Exempt Employees. Managers who fail to enforce and comply with Sodexo's New York Meal Period Policies for Exempt Employees and Nonexempt Employees will be subject to constructive counseling, up to and including termination of employment.
September 2013
New York Meal Period Compliance
Manager Oversight and Enforcement
To comply with Sodexo's New York Meal Period Policy, managers must:
Post the New York Meal Period Policy and Acknowledgement Form for Nonexempt Employees where other notices to employees are
posted.
Schedule and post nonexempt employee meal periods.
Provide a 30-minute duty-free meal period during the required hours for the employee's particular shift to employees working more than 6
hours. Provide an additional 20-minute meal period if the employee's shift starts before 11:00 am and continues past 7:00 pm.
Remind employees when their meal periods are scheduled. Ensure coverage is available so that employees can take an uninterrupted 30?
minute or 20-minute meal period.
Ensure frontline and nonexempt, administrative, technical, and professional employees clock, record or sign out and in for their 30-minute
and 20-minute unpaid meal periods.
Review time records on a daily basis if possible.
Review the New York Meal Period Policy for Nonexempt Employees 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 New York Meal Period Policy for Nonexempt Employees 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.
Review the New York Meal Period Policy for Exempt Employees with your managerial staff. Lead by example and take your own meal
period.
Sodexo relies on its managers to ensure it complies with New York's 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.
April 2013
New York Meal Period Compliance
Employee Constructive Counseling for Nonexempt Employees
Employees are expected to know and comply with Sodexo's New York Meal Period Policy for Nonexempt Employees. Violations include, but are not limited to:
Failure to take meal periods as instructed Failure to clock, record 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 New York Meal Period Policy for Nonexempt Employees 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 New
York Meal Period Policy and Acknowledgement Form for Nonexempt Employees. For third violations, deliver a second Written Warning, review the policy with the employee and have the employee sign the
Employee Acknowledgement for Nonexempt Employees again. For fourth violations, employees may be subject to termination. Review the facts with your Human Resources
representative.
Employees who intentionally violate Sodexo's New York Meal Period Policy for Nonexempt Employees (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.
April 2013
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