i need to know facts i live in north carolina
2006-12-14 09:44:55 · 16 answers · asked by wipeoutartist 1 in Politics & Government ➔ Law & Ethics
yes walmart tried it and had to pay back
2006-12-14 09:48:15 · answer #1 · answered by hazegrey 3 · 2⤊ 1⤋
Of course it is illegal... Although I am not aware of North Carolina's employment laws, it is federally illegal for an employer to remove pay if you worked. The federal law states that if you are on your lunch break, and you answer the phone, then you get paid for that lunch break. The same applies in a reversed scenario. You cannot expect to not pay an employee if that employee remitted services on behalf of your company.
2006-12-14 17:49:55 · answer #2 · answered by puju22 1 · 0⤊ 0⤋
In New York an employer is required to give one hour of meal time to an employee who is scheduled to work seven or more hours. That hour, however, may be (and ususally is) not part of the employee's paid time. Perhaps NC is different but I suspect not.
However, if you are saying that an employer is taking an hour's pay out of an employee's salary while NOT providing a lunch hour, that is a very different cae. That would be illegal.
2006-12-14 17:57:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In most states by law if you work over 4 1/2 or 6 hours you MUST take a lunch if yo chose not to its still deducted because by law you must take one! Now if your employer told you not to take lunch then employer is breaking the law
2006-12-14 17:48:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It's the law that the employer must give you a lunch break if you work over 6 hours. If you don't they get in trouble. But if you don't take it they can't take the pay away from you for that hour.
Go to your state employment agency website.
2006-12-14 17:48:40 · answer #5 · answered by loki87 2 · 0⤊ 0⤋
Yes it is if you are a wage employee.
In this case ask your employer to right down you worked an hour past when you left. That way it looks like you took a lunch and you get paid for the time.
2006-12-14 17:49:44 · answer #6 · answered by Wyleeguy 3 · 0⤊ 0⤋
If you work 8 hours the law says that you have to take a lunch. You're employer can take it out because they are not required to pay you for a hour lunch that you must take.
2006-12-14 17:52:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Depends on your employment agreement. If you want the empoyer to pay you overtime because you arbitrarily worked through your lunch without overtime approval: maybe so
If you were asked to work through lunch and not paid then they owe you the hour.
Are you salaried or hourly?
2006-12-14 17:53:34 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you are an hourly employee:
and your employer told you that "you could not take lunch"--yes
If you didn't take the time because of your workload--no
If your salary--no in either case.
2006-12-14 17:52:53 · answer #9 · answered by Mike M. 5 · 0⤊ 0⤋
Legally, you should have at least 30 minutes for lunch whenever you work for 6 consecutive hours or so.
2006-12-14 17:48:20 · answer #10 · answered by Anonymous · 1⤊ 0⤋
If your employer TOLD you to take a lunch or if you had a scheduled lunch and you didnt they can..but if you just decided you didnt want a lunch they cant.
2006-12-14 17:47:49 · answer #11 · answered by boydshit79 2 · 1⤊ 1⤋