Are managers allowed to take 30 minutes out of your time sheet each day even if you don't get that break?

Question

I was told it was "by law" that 30 minutes needed to be taken out of my pay each day if I work more than 6 hours. Obviously, by law you need to take a 30 minute break for every 6 hours worked and sometimes I don't get that break but it is still being taken out of my time card every day. I work 3pm-11pm by myself....tell me, how am i supposed to be getting a break? Is it true that the managers should not even be touching my time card?? Changing hours, etc. Shouldn't we be "clocking out' for break and then clocking back in after we're done? From what I understand no one is to touch your time card or make any changes.

Another thing, I have ASKED them if I could leave when I take a break and sometimes they WILL NOT LET me, this is when I work the 9-5 shift, and they tell me if someone else is running out to just order food and they'll bring it back, which leaves me stuck at the office....and yes I'll be fed, but I have to be answering the phone at the same time....that's NOT considered a break, right????

Answer 1

FEDERAL LAW - NO MEAL BREAK

Believe it or not, the federal law under the Fair Labor Standards Act (FLSA) does not require that employees receive a meal break of any duration.

STATE LAW?

Depending on what state you live in, your state's law MIGHT require meal breaks. Search the web for your state's "Department of Labor" (or similar name) and track down your state's laws on meal breaks.

MUST PAY FOR TIME WORKED

Whether or not meal breaks are required in your state, your employer MUST pay you for time that they directed you to work. For example, if your employer tells you that you are on break but also directs you to answer phones or perform other job duties, you are working and must be paid for that time. If your state has a law entitling workers to a meal break, the purpose of the law is to ensure that workers get a break, not that the employer saves money by not having to pay you. So your employer is wrong: He/she is not required to deduct 30 minutes' pay, though he may be required to give you a 30 minute meal break (which may be paid or unpaid).

WHAT TO DO NOW

First, don't approve any time cards that reflect a break that you did not actually take. If your employer demands that you approve a time card with your signature, simply write "signed under protest" with your signature. Your time cards are your proof to make a legal case for back pay for time you worked but were not paid for.

Contact your local US Department of Labor's Wage and Hour Division to file a claim for back pay for unpaid work hours. Find it at: http://www.dol.gov/esa/contacts/whd/america2.htm.

You can also contact your state's labor section (varying titles by state) to investigate your state's meal break law, and if there is one, to file a claim for back pay, if possible. For example, in the state of California the employer is required to pay one hour's pay for each 10 minute rest break that an employee is denied. That adds up!

Answer 2

Different states have different laws. But usually if you work 6+ hours, you are supposed to be provided a 30 minute break. Now obviously, that doesn't work if your the 'only' person there. But most people take a 5 minute break here, 10 minute break there.

As for the touching of time cards - if they are reducing your hours - it's against the law.

Answer 3

Not sure where you are, but in the uk, it's illegal to work more than 4 hours without a 15 minute break. Also, i know that if you work for 8 hours, you're entitled to an hour's lunch break, but your other 15 min break can be deducted from this. Basically, you should be getting at least three breaks by law, two fifteen minute ones, and one at least 30 mins, possibly more. Call the citizen's advice beureu to discover EXACTLY what your rights are.

Answer 4

No. There are places (not everywhere - it's not a federal law)that, by law, you have to be allowed a 30 minute lunch break if you work over a certain number of hours. But they have to actually GIVE you the time as a break, with NO work duties during that time.

By federal law, they must pay you for all the time you work. If you don't get a lunch break, they can't just take the time off your timecard.

Sounds like they're breaking the law twice - a state law by not giving you a lunch break, and a federal law by not paying you for all of the time you work.

Answer 5

If that is the case, by law you have a right to take that break. Unless you are salaried, if they are taking time off of your time card for time you worked, then THAT is against the law as much as making you work the break. You either get a break, or you get paid for working. If it is the law that they have to take 30 minutes off your timecard, then you should be getting a 30 minute break. Demand it.

Answer 6

take the break. your manager is correct. if they did not show a 30 minute break on your time card, you could sue them under federal employment and labor laws.
tell you supervisor that you would certainly like a break, to be more productive and then, start taking them. it is up to them to provide the personnel needed.
if you continue to work and not get paid and not offered a break, keep very detailed notes in a bound book (a log) put the date, the time and whether or not you got a relief for a break on that date.
journals, or log books are considered documentary evidence in a court of law.
whatever you do, don't complain after you first ask for someone to relieve you. you will lose your job. get the records first and then, aftter you have lots of evidence, complain loudly. when you get fired, as you will most likely, then, go to the labor department in your state and seek back wages and penalties.

Answer 7

I know by law they have to give you a 30 minute break for every 6 hours of work. But, they also cannot make you work without paying you. Sounds like you need a sit-down with your boss to figure out what you can legally do to remedy this situation.

Answer 8

30 minutes should on ly deducted from your pay if you acctually take the break! legally you should take the time and have a break but if u dont then they cant deduct that pay from you. noone should be documenting your pay hours but you on your time card. if u notice someone doing this then speak with them and ask why they are documenting ur hours for u! let them know that you will punch out if and when u take ur breaks. manager or not they should not be docturing ur time sheet.

Answer 9

yes you are required to take a break after four or six hours, not sure. I think it should be, the employer is required to offer you that break.

Employers should NEVER touch you time card unless they are adding time, or correcting your errors on your request.

Answer 10

It is probably your responsibility to take your lunch break. They can't force you to take a break but you should take it.