How Do I Deal with No Lunch Breaks and Unpaid OT

Question

I have not been able to get regular lunch breaks on my job. I work as an Executive Assistant in a brokerage company that want EAs to work from 9 to 5 with a one-hour lunch period. Overtime is suppose to be pre-approved by the brokers who rarely want to approve it.

This has almost never applied to me. For 8 months, I have rarely gotten a full lunch break and have worked plenty of unpaid overtime. I have e-mails which show me working past 5:00 p.m. - sending files, answering inquiries etc.

Also, my former boss knew I was of Italian ancestry and made references to such stereotypes as "goombahs" and "horse's heads"

Obviously, I am looking for another job and could be laid off but in the meantime, does anyone have any advice? I have been documenting incidents etc. I have complained to the office manager but she is like Mary Poppins...

What should I do at this point?

Thanks much.

Answer 1

You put up with this for 8 months?  They have a convenient slave and you've made their day. You may not be able to do anything except leave and find a better job.  Don't let future employers walk all over you like that.

Answer 2

Start work at 9 on the dot, leave the office for an hour for lunch, go home at 5 on the dot.    

Answer 3

contact the dept. of labor and the equal employment opportunity commission and report them.  let them investigate.  good that you're looking for something else as you are in a no win situation there.  good luck.  

Answer 4

Are you salaried?  Salaried employees do not get paid overtime.  Also, if you work 9 to 5, that is 8 hours, so if you take an hour lunch break then your are only working 7 hours.  I am pretty sure that you are atleast entitled to a 30 minute paid lunch break if you work over 6 but under 8 hours.  I believe you are only entitled to paid hour lunch break if you actually work 8 hours or more.  Maybe ask to work 8 to 5 or 9 to 6 with a 1 hour lunch break.  Talk to your hr department about your options.  

Answer 5

Sounds like you are doing all the right things, I would also check with the employment office. They can tell what your rights are and also you can file for a wage claim. Obviously, you want to get that money and you don't want to file until after you left the company. They will retaliate if you file while you are still there.

Answer 6

The Fair labor Standards Act protects you.  The Harassement is an additional dis-treatment.  Go to the HR section and discuss.  get your "proof" on paper and find a lawyer if neccessary.

Answer 7

I'm not sure what state you live in but  because of Labor Laws you are required to take at least a half hour lunch for every 8 hours worked. You should contact the Better Business Bureau. Let them know your situation and they will be able to guide you on what actions you need to take.

Answer 8

I would check with the Dept of Labor in your state...www.DOL.org

Answer 9

Keep documenting everything that is unjust.  Call your human resources department and inquire as to the lunch hour and overtime, and if what they tells you is what you've already known (that you are entitled to a full lunch break, and to get paid when you work past your tour of duty), then you need to file some sort of complaint or grievance.  Good luck.  

Answer 10

call the department of labor, and the ACLU, tell them both your story. they can not make you work unpaid overtime if it is not in your original contract. you are entitled to 2 fifteen minute breaks when you work a full shift (according to federal law) the harassment is illegal no matter what. keep on documenting.