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Meal breaks and overtime
The incident
A 16 year old employee was employed on a casual basis in a city clothing store. She was the only employee and worked closely with the store owner.
The store became very busy during a 50% off sale. The employee would work continuously throughout the day and was unable to take a break. However, the store owner would allow her to go out the back, take a bite of her lunch and then come back to continue serving customers. Her weekly hours during this period were well in excess of the 38 hours.
On pay day the employee checked her payslip and noted that she had not been paid any extra for the long hours worked during the sales period. The employee also noted that the employer had deducted half an hour each day for a lunch break she could not take. When the employee asked the store owner about her wages she was told that she did have something to eat during the day, therefore lunch was deducted and she did not pay employees for any extra hours.
It is illegal for an employer not to pay overtime rates (eg. time and a half for the first three hours and then double time thereafter) when an employee works hours in excess of those permitted under the Award (eg normally 38 hours per week). An employee is also entitled to a meal break each day. If the employee is unable to take a meal break during the day, the Award may provide for penalty payments to be made to the employee until the employer permits a meal break. It is important that the Award be referred to when determining any entitlement to be paid by the employer.
Last updated: 21 October, 2010
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Employers and employees within South Australia can contact their local SafeWork SA office, or the Help Centre, for the cost of a local call. This service is available Monday, Tuesday, Thursday and Friday from 8.30am to 5.30pm, and on Wednesdays from 8.30am to 4.15pm (excluding public holidays)
Email: help@safework.sa.gov.au
