Is this legal according to labor law?

Question

ok so i have been at my current job for almost two years now! during the summer i work full time and fall and spring i wrk part time becuz of school! ok so ne-way... the way we punch in and out has changed! we now have to email our hrs.. when we arrive and when we leave. ok so fine.. but now all of a sudden he tells us that if we are taking a lunch break that we now have to email him when we leave and come back so that he can take that time off our pay! working an 8hr day and being paid for 71/2... so if we want our full * come in a half hr early!

but my issue is that i rarely take a lunch! just a fifteen! and the past two weeks he decuted a 1/2 hr everyday off our checks.. if we took the break or not!! is this right?

i thought that if you work full time your in titled to two 15min breaks! Paid!! i never took a lunch nor emaild him any lunch time.. but he still deducted time! im thinking were being screwed here.. what should i do? with out gettin fired?

Answer 1

If your boss has a higher authority you could call them and try and work things out.

Answer 2

My company's Employee's Handbook mandates 1/2 lunch break.  There may be a similar provision at your company.

Answer 3

You must be paid for all time worked.

However, you can be fired for not taking the breaks, like lunch, that your boss requires.  You would be better served to simply take the 30 minutes.

Also, while you're on lunch you MUST be relieved of all your duties, or they do have to pay you for lunch.

Answer 4

You need to speak to your boss and find out why they are deducting for the meal break if you are not taking one. Honestly though, most companies will not allow employees to work through the meal break, it is required that you take the time off. Check with him/her to find out if that's why they are automatically deducting the time from your checks.

Answer 5

just like many of the otehrs are saying.  But I just have one addition to make.  when you submit your hours like that, you have to state that you did not take the lunch time off, and to continue doing this, you have to make sure that it is okay for you to do this, because there are laot of companies that do what they can to keep it at 40 hrs a week or less. usually meaning no overtime at all.  certain Abbott Labs department are like this, and this is becuase they are limited in budgets.  

But changing the times is illegal, unless it is automatically accounted for... liek for me, I list my entrance and my exit time, but not my lunch, becuase it is assumed we took the half hour required by state and county law, but if we didnt, then we would have to make a note saying that we didnt... I would ask him about that.  

best thing would be to go ask that person about him.. Do not always go to the higher person, and go over your manager's head, as this will create some tension between you two.. just talk to him about it, if your questions arent asnwered by him, THEN you go to the next in the line.

Answer 6

Legally after 6 hours you must be afforded a 1/2 hour lunch break, Federal law what you do with that time is your business but it has to be given and accounted for. He is following the law that is all

Answer 7

what state are you in?

many states do not require any breaks be given..................

in every state:

IF a meal break is given it must be at least 30 minutes uninterrupted if it is UNPAID. if the meal break is paid it may be shorter the same as a rest break.

IF rest breaks are given they must be PAID if they are less then 20 minutes in length.

whether a break is paid time or unpaid is determined by the definition of work time as set by federal law. whether or not a break must be given is determined by state laws as federal law does not require breaks.

as far as your time being changed that is not legal, the employer can not take 30 minutes off your time for a meal break unless you actually took the break.  your employer may discipline you for failing to follow policy concerning taking a break but that does not mitigate their responsibility to pay you for all work hours.

if it is the law or company policy that you must take a 30 minute break then you must take it and failing to do so can cause you to be disciplined (up to termination) by your employer. you need to first know what the law is and then determine the policy by talking to your employer. no matter what they owe for hours deducted but they can then discipline you after they pay you what is owed.

you can not be fired(legally)  for reporting a violation of law to the department of labor or your employer.

Wisconsin does not require any breaks or rest periods for adults................for minors(under 18) they require a 30 minute break for any shift longer then 6 hours........................

http://www.dwd.state.wi.us/er/labor_stan...

talk with your supervisor to determine if it is policy that you must take a 30 minute break and let them know that you have not been taking the 30 and should have your pay adjusted to reflect that time being added back on. if they refuse to address the issue or retaliate against you for past breaks you can contact the department of labor for assistance and to file a complaint. from the point you are told you must take a break forward you must follow that policy (if that is what they tell you) or suffer the consequences.

for info on wage complaints:

http://www.dwd.state.wi.us/er/labor_stan...

Answer 8

Contact a local official, and ask him about this.