I currently work 4 12 hours days a week and get 8 hours of overtime a week. My boss put out a new schedule that has me working 11 hours a day with an unpaid 1 hour lunch and so I would only get paid for 10 hours a day and 40 hours a week. This seems like a raw deal with me working 4 hours less a week and losing 8 hours of OT a week. I have looked around on the internet and can't find anything about paid vs. unpaid lunches for different lengths of work days. I work in Texas if that matters. Anybody know the specifics of this portion of the labor laws or know of a website I can go to so I can find out if he can really do this?
2007-07-21 02:01:31 · 10 answers · asked by just another guy 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
here in Ny, the labor law states if you work 8 or more hours, the employer MUST give you a meal break, and he doesnt have to pay your for it,
i used to work 4- 9 hr days and a 4 hr day.. on the 4 9 hr days we got 2 15 min breaks( paid) and a half hour lunch break ( unpaid)
2007-07-21 02:08:08 · answer #1 · answered by one_goofy_devil 5 · 1⤊ 0⤋
This how your employer shows it's appreciation for great coverage? So many here, especially minors who should be glad to have a job, whine about scheduled overtime. I doubt you will find anything on paid lunch. I have never heard of an hourly employee getting paid for lunch. It seems your posting is primarily about forced unpaid breaks.
Because so few people realize why labor legislation began, they will say you are required to take a one hour lunch. Actually, they are required to offer a break and you are not mandated to take it. Only the employer is subject to penalties for non-compliance. Basically, you can forfeit these rights, but your employer can't take them away. This can be confirmed in one of the public areas at practically any company. None of the posted notices regarding "wage and hour" implicate employees in any way. All of the guidelines are for the employer.
Unfortunately, everything above is pointless if this is a ploy to save money. Payroll is the most controllable segment of an operation's budget. Very few employees, including those most affected, consider breaks beyond the obvious reciprocating coverage. Management always recognizes the money it saves the company.
Tell your boss about implied commitment for this overtime and that you have some short term obligations because of it. If it is simply an inflexible "wage and hour" misconception, perhaps they could compromise at thirty minutes. This would leave you with less time to kill in the middle of the day and still satisfy the corporate paranoids. Good Luck.
2007-07-21 04:04:19 · answer #2 · answered by look at yourself 6 · 0⤊ 0⤋
Most states REQUIRE at least a 30 minute unpaid lunch period for an 8 hour day.
So if he is now following some rules, then even if you worked overtime you be working 4 "13" hour days to get 48 hours of actual work.
It sounds like they are just cutting back on overtime.
Rember the hour off is your time so use it.
You could ask if you can take a 30 minute lunch and be scheduled for 10.5 hours per day.
2007-07-21 02:52:46 · answer #3 · answered by Gatsby216 7 · 0⤊ 0⤋
That is legal.. Most employers will give you one hour for that break usually may result in a half an hour after so many hours... However, you still will be there 12 hours only paid for 11... What they are trying to do is cut down cost...
If you are working continually through those 12 hours with no break then it would be illegal... but I would ask or consult your labor board with that...
2007-07-21 02:45:08 · answer #4 · answered by De 5 · 0⤊ 0⤋
Lunch break is mandatory by the government, the length of it is decided by the employer, and in most places is not paid. A word of advice never count on overtime as the basis of your salary, it can stop at any time
2007-07-21 06:07:35 · answer #5 · answered by Pengy 7 · 0⤊ 0⤋
yes he can. No law says the have to pay you for lunch. Be thankful you're working a 40 hour week. Many people don't have a job.
2007-07-21 22:45:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
ive never heard of getting a paid lunch break. some companines will give u a 15 min. paid break. but in general lunch or dinner breaks are unpaid. and he can make you take 1 hr unpaid. do errands on your lunch hr..it would be a good use of your time.
2007-07-21 10:03:01 · answer #7 · answered by nikkylyn 5 · 0⤊ 0⤋
if he only want you working 40 hours a week, and pays you for 40 hours that a business decision. It's legal, nothing says he must allow and pay for overtime.
2007-07-21 02:11:00 · answer #8 · answered by Jan Luv 7 · 2⤊ 0⤋
i am also the type of person you are. but i have now improved my self esteem. if you dont do anything ppl take advantage of you it is enough of being nice take decisions and stand on them people do part time job bcoz they dont want to to work long. if you dont do anything about it will continue like forever. your boss might think differently of you he must be thinking you are good person who listens to his problems but if you stop doing so you will be like an other employee only there will be no conflict. but remember you might be very angry fom inside on him dont make a blast of abuses on him bcoz it generally happens when ppl come out of their mental problems. you just have to say to him that you work part time bcoz you want to be free early if he doesnot stops even than dont submit to him say it again and again there is no need to loose temper. always remember you are more important than the job and your boss in your OWN life
2016-05-19 02:24:14 · answer #9 · answered by ? 3 · 0⤊ 0⤋
He is legaly required to give you the hour off. There is no requirement for him to pay you. Hourly staff is generally not paid for lunch.
2007-07-21 03:38:18 · answer #10 · answered by Elsa D 6 · 0⤊ 0⤋