can a employer legally deduct your lunch break from your pay?

Question

my employer deducts our lunch break from our pay, so instead of getting paid for 8 hours per day, we get paid for 7.5. Is this legal and if not whom do I need to contact? I've never heard of this before. My state is North Carolina. Thanks

Answer 1

Remember the saying -

"There's no such thing as a Free Lunch."

I'm sorry to say that's your answer.

There are rules that your employer has to follow that say when they have to give you a break. But there's nothing in the rule book that says you have to get paid for that break.

For example, when I worked for an Insurance Company back in the mid-1970's, we worked an 8 hour day, with a 30 minute lunch break each day.

Now, our salary was based on a 37.5 hour week. So, our lunch breaks were unpaid.

Then when I worked for the Federal Government - one of their Agencies - we were paid for a 40 hour week, but we actually worked an 8.5 hour day, or a 42.5 hour week. Again, our 30 minute lunch breaks were unpaid.

The key is - are you paid a yearly salary? or are you paid an hourly wage?

If you're paid a yearly salary, it really doesn't matter if you get paid for lunch or not, since you get a salary.

Since you get paid by the hour, you have to look at it the other way - your boss is deducting that half hour's pay because you didn't work it, right? In actuality, it should never have been recorded in the first place since you did not work it.

Your time worked should have been recorded as 37.5 hours, not 40, correct?


Okay - bear with me one more minute please -


Does your employer - by their putting 40 hours down first -

does it give you an advantage or does it disadvantage you?

Here's what I'm trying to say -

a) by their putting down you worked 40 hours - is more money going into your FICA account?

b) by their putting down you worked 40 hours - is more money going toward Federal or State or Local income taxes??

c) by their putting down you worked 40 hours instead of 37.5, is more money being taken out for anything else?

Understand what I'm getting at?

If you boss if putting 40 down instead of 37.5 - it may in fact provide an advantage to you - OR - it may in fact be a disadvantage to you.


Ken Noto

Answer 2

I'd check with the Human Resources Department and see what they have to say. If not you must have a Policy and Procedures book or something like it that lets you know. Where I worked we had a P & P book, told you the breaks and lunches, how many weeks vacation you were entitled to, all the ins and outs of the business. It's kind of like a rules and regulations book. I'm from Ontario, Canada and could be different from how your state works. I read one from a lady in Quebec, Canada that is different from mine. If you work 4 hours you get a paid 15 minute break, Over 6 you get half an hour lunch not paid, over 7.5 you get an hour not paid. Mind you they were trying to keep the pay budget low =)
When in doubt, google it, come on and google it just a little bit... lol

Answer 3

I live in IL and have only worked in this state, and it's standard practice to deduct the lunch break from pay. If you want more hours, maybe ask for another 30 minutes in the day. My current job has me scheduled for 8 1/2 hours with a 1/2 hour unpaid lunch break, which ends up 8 solid paid hours.

Answer 4

By law, your employer has to give you a lunch break, so if you don't take one, you're just hurting yourself. So what they're doing is something they have to do. By law, you have to have at least a 30 minute break if you work 6 hours or more. Take your lunches. You can't get paid for 8 straight hours without a break.

Answer 5

In Quebec we either get a 15 minute paid break after 3 hours or a 30 minute paid break after 6.

How most places here work is this; if I start at 8 am and finish at 4, I get one paid 15 minute break at 10 am, a half hour for lunch at noon UNPAID and another 15 minute paid break at 3.

Answer 6

It depends on the employment standards in your area. Your local labor board 'should' have a website where it's stipulations are laid out. However, in general .. yes they can. If you are free to leave the property during your lunch break, then they can choose not to pay you, legally, for that time. If it's mandatory that you remain on the property, then you are normally to be paid at least a minimum wage salary for that time period.

But as I said, it depends on the ESA standards in your area.

Answer 7

There is no rule that you must work 8 hours a day. In most states you must be given a paid break every 2 hours and an unpaid lunch period.

Answer 8

I dont think thats legal. I would check to make sure you are considered a full time employee. If you are not, then keeping you there 8 hours and taking away a half hour lunch may be a little shady but he might be able to get away with it. He may have you on the books as part time employment.

Answer 9

Yes. In most industries you are entitled to a 10 minute paid rest period for each four hours of work, and to a 30-minute unpaid meal period for every five hours of work (unless your shift will end in 6 hours.)

Most companies make the complete shift 8.5 hours and dock the .5 hour meal period, but what your company is doing is also legal.

Answer 10

Yes. an employer is not required to pay you for your time at lunch.