No matter how many hours we work, be it one or eight, my employer deducts 30 minutes for lunch. Is this legal.
2007-02-22 08:45:55 · 7 answers · asked by shelaray@sbcglobal.net 1 in Business & Finance ➔ Taxes ➔ United States
If you take 30 minutes for lunch, your employer may...and probably will...deduct that time for your lunchtime, since you did not provide work during that time. However, if you work less than six hours and did not take time for lunch, this should not be counted against you. After six hours, you are required to take a lunch...paid or unpaid...but in no situation may the employer reduce your paid hours if you did not actually take a lunch break. You should go to your payroll/HR dept and ask them to revise your paycheck to reflect your actual time worked...not for time you did not take off to NOT eat lunch...required or otherwise. Probably you are not given the time to eat lunch (away from your desk) and your employer wants to hide this from the 'authorities.'
Good luck!
PS: they may fight you on this...but it is your right.
2007-02-22 08:58:14 · answer #1 · answered by Rev Debi Brady 5 · 1⤊ 0⤋
If you are working during this "30 minute lunch break" then it is not legal. You should be getting paid for the time you work and if they are deducting the time then you need to not be working. They are skimping on their payroll and it is not right.
2007-02-22 16:51:24 · answer #2 · answered by R Worth 4 · 0⤊ 1⤋
Your employer is required to provide an unpaid 30 minute break for a meal if you work 5 hours or more. They are required to provide one ten minute break for each full four hours you work. If your employer is requiring you to work without break, then he needs to pay you for the full time, plus he can be reported for failing to provide adequate breaks to the Department of Labor. As a word of caution, don't try the trick where you claim to be working through your break while you eat lunch; your employer is only required to give you the opportunity to break, if you don't take it, tough beans.
2007-02-22 17:05:05 · answer #3 · answered by Scott K 7 · 0⤊ 2⤋
It's legal only if you actually don't work during that 30 minute period. I'm assuming that you are not exempt from wage and hour regulations. You don't have to be paid for a 30 minute lunch break that you actually take, but must be paid for all the hours that you work. See http://www.dol.gov/dol/topic/wages/index.htm and links from it.
2007-02-22 17:01:32 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
IN the state of washington if you take a 30 min or more uninterubted break and are allowed to leave your place of employment your break may be deducted from your pay. If you are not allowed to leave your place of employment your break may no be deducted
2007-02-22 16:59:51 · answer #5 · answered by Elva F 1 · 0⤊ 1⤋
If you work through your lunch break AT YOUR EMPLOYER'S DIRECTION, no it's not legal. If you simply work through for your own convenience, you are working off the clock and YOU are the one who is actually breaking the law.
2007-02-22 20:51:41 · answer #6 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Perfectly legal......
If you miss your lunch...it's on you
Watch the clock!
2007-02-22 16:53:44 · answer #7 · answered by phillyvic 4 · 0⤊ 1⤋