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-   -   Florida Meal Periods and the law? (https://www.askmehelpdesk.com/showthread.php?t=318009)

  • Feb 16, 2009, 10:29 AM
    sunny2010
    Florida Meal Periods and the law?
    I have seen this question before, but not sure it really answered my question.
    We are a LARGE group of restaurant employees who clock in each morning and out each evening. We are automatically docked :30 minutes when the time clock hits 6 hours. This happens whether we where allowed to take a meal break or not. If we come in at 4PM to a full restaurant we are expected to take care of the customers. We are not given a chance to take a break. At 10PM (6hours) the time clock automatically deducts :30 minutes from us. Same thing happens know matter what time we start or end. The management has the clock set to deduct :30minutes once it hits 6 hrs. We have asked about this and are basically at the mercy of "Do we want our jobs, or not". If you make waves they will fire you. In some cases we are losing 2 and 1/2 hours of pay a week.
    I can not believe that they have found a loop hole that allows them to do this. Any suggestions on who we can go to? I have lost 12 hours this year alone, this seems so sneaky and unfair??
  • Feb 16, 2009, 11:31 AM
    twinkiedooter

    Contact the State and see what they say about this. Most restaurants do this cute "trick". They do this up here in Ohio as well.
  • Feb 16, 2009, 11:39 AM
    ScottGem

    While it would be legal to auto deduct the 30 minutes, it would be illegal if they don't give you the time.

    I guess you aren't part of a union or you would complain to your shop steward.

    But if you do make waves, they may bide their time, but they will find a way to terminate you.
  • Feb 17, 2009, 05:27 AM
    excon
    Quote:

    Originally Posted by sunny2010 View Post
    We are a LARGE group of restaurant employees who clock in each morning and out each evening

    Hello sunny:

    I agree with Scott. Acting alone, you don't have a chance... However, acting as a LARGE group, you have a GOOD chance.

    I'll bet you can organize a union, and I WOULD.

    excon
  • Feb 17, 2009, 06:23 AM
    Fr_Chuck
    It is illegal for them to do this, in fact if there was a law suit or settlement, they would have to go back for years and pay everyone who ever worked there for hours deducted.

    Maybe print out this and leave it for them to read may give them hint.

    You can file a complaint with the US Dept of Labor, or the labor board in your state.
    Or you may personally sue them for the money also.

    And of course toward the end of your shift, take your lunch break prior to clocking out.

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