My current employer takes out a 1/2 hour every day i work 8 hours or more from my pay check. they claim that it is for luch, but i dont take lunches! plus, im not allowed to since im the the only person at the showroom all day and no one else is here to cover. so, my question is, is this legal? why should i not get paid to work because they have to show we are getting lunches, when in fact we are not? any help would be appreciated.
2007-06-14 11:55:13 · 11 answers · asked by pooey 2 in Politics & Government ➔ Law & Ethics
No this is not legal.
They can make it mandatory that you take lunches, and take disciplinary action if you don't, but they can't not pay you for time worked.
My guess is this is small company as any larger company would have an HR person who would know better than to leave the company wide open for a lawsuit.
Depending on what state you're in and how long it's been happening, there could be serious penalties and fees they could pay, and you could collect a lot of money.
If you are relatively new I would maybe just look for a new job and report them to the labor board. If you've been there a long time, I would talk to a lawyer who would probably take your case on a contingency basis (free to you until you get cash).
2007-06-14 12:00:46 · answer #1 · answered by whiskeyman510 7 · 1⤊ 1⤋
By law - they are required to give you a certain amount of lunch/break time (usually, you are paid for lunch - but not for breaks). In addition, the law CLEARLY states that you must be ABLE to take these breaks...
If YOU choose not to take lunch, then you still get paid for it. However, the company MUST allow you to take the time off - even if it means shutting the showroom down for 30 minutes.
Talk to someone in your Human Resources department, or your Union rep (if applicable).
The law differs in each state/province - so you will have to find out exactly what the law states in your area...
2007-06-14 19:18:19 · answer #2 · answered by kr_toronto 7 · 1⤊ 0⤋
I'm assuming you have already addressed your manager about not receiving lunches or having someone cover for you so you can take one. If you work 8 or more hours a day, labor laws require a half an hour lunch -- unpaid. If you aren't getting your unpaid lunches, they are violating the law. I would first check your corporate policy. Many times this outlines how to escalate complaints through the company. This will get your complaint resolved the quickest. If you contact your state labor department first, they will send you paperwork on how to lodge a complaint. This will likely take months, or years.
2007-06-14 19:12:55 · answer #3 · answered by Carmen 3 · 1⤊ 0⤋
Federal law states an employee must get a 1/2 hour lunch break for every 8 hours worked, you are also are allowed 2 fifteen minute breaks one every four hours. the breaks are paid the lunch time is not
2007-06-14 19:05:58 · answer #4 · answered by Pengy 7 · 2⤊ 0⤋
Now days its quite common for employers to find ways legally to put the screws to your paycheck. About the only legal answer that you have is to either quit, take a 1/2 hour lunch or learn to ignore it!
Where I work we have to clock in 15 minutes before start time and we can clock out up to 14 minutes after our day ends and only get pd our regular 8 hrs, we also have to work 1500 hrs before we are eligible for holiday pay, takes about nine months
2007-06-15 16:48:32 · answer #5 · answered by Silent watcher of fools 3 · 0⤊ 0⤋
Labor laws entitle you to a 30-minute lunch and two 15-minute breaks for an 8-hour shift. These are PAID and included in your wages.
It is illegal. Unless you are a contractor and not an employee.
2007-06-14 19:01:33 · answer #6 · answered by Anonymous · 1⤊ 1⤋
The law requires you to take a half hour lunch and in most states that lunch can be deducted from your pay rather you take it or not. I suggest you take your lunch breaks.
2007-06-14 19:24:28 · answer #7 · answered by bellslady65 3 · 0⤊ 0⤋
You need to consult a lawyer and the Better Business Bureau. If you can prove that you don't take lunches and there is more than one person that this is happening to, they can not take away time that you are on the clock. Consult a lawyer. I'm pretty sure this is illegal.
2007-06-14 19:03:21 · answer #8 · answered by Mommy 3 · 1⤊ 1⤋
I do not believe that this is legal. I would consult your local labor laws, but believe that you are actually entitled to at least a fifteen minute paid break after eight hours of work.
2007-06-14 19:06:36 · answer #9 · answered by msi_cord 7 · 0⤊ 1⤋
by law they must give you a 30 minute lunch for an 8 hour day.
here is a site you can use to find your state and it's laws for regulations
http://www.legalandrew.com/2007/06/07/lunch-break-and-hour-laws-you-should-know/
2007-06-14 19:02:25 · answer #10 · answered by smeusmc 3 · 2⤊ 1⤋