Can your employer make you work through your lunch and then make you either start later or leave early so they don't have to pay you over time.
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Can your employer make you work through your lunch and then make you either start later or leave early so they don't have to pay you over time.
Is there an employment contract or union?
No, you have to be paid for the hours you work - OR you have to get compensatory time off IF you are NOT a salaried employee.
I am none union and we don't have any contract. They make us work through lunch then we have to leave early or start late and I would rather get paid over time for working through my lunch not start later.
In my state, an employer is legally obligated to give employees thirty minutes of uninterrupted paid break for five or more hours of work. In addition, an employer must give employees 15 minute paid breaks for every four hours of work.
As far as I remember federal law doesn't require breaks but only defines when compensation is required. You can see the law here:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rg n=div5&view=text&node=29:3.1.1.2.44&idno=29#29:3.1 .1.2.44.3.436.10
To really know what type of breaks your employer is legally obligated to give, you would have to look up state laws. If you don't live in the USA, then local laws. Here is a site for state labor offices: http://www.dol.gov/whd/contacts/state_of.htm
Quote:
Originally Posted by gonzalez4x
What State?
You didn't properly post your sites - they don't open.Quote:
Originally Posted by southamerica
At any rate, Federal Law states: "Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.
Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable."
Here is the law by State:
California – 1/2 hour after 5 hours worked, unless shift is only 6 hours
Colorado – 1/2 hour after 5 hours worked, unless shift is only 6 hours
Connecticut – if shift is 7.5 hours, 1/2 hour lunch after first 2 hours but before last 2 hours
Delaware – if shift is 7.5 hours, 1/2 hour lunch after first 2 hours but before last 2 hours
Illinois – required for hotel room attendants only
Kentucky – reasonable meal period between 3rd and 5th hour of shift
Maine – 1/2 hour after 6 consecutive hours
Massachusetts – 1/2 hour, if work is more than 6 hours
Minnesota – reasonable period, if shift is 8+ consecutive hours
Nebraska – 1/2 hour, off premises, at suitable lunch time
Nevada – 1/2 hour, if work is 8 consecutive hours
New Hampshire – 1/2 hour, after 5 consecutive hours – unless employee can eat while working
New York – 1/2 hour, if shift is more than 6 hours
North Dakota – 1/2 hour, if work is more than 5 hours
Oregon – 1/2 hour
Rhode Island – 20 minutes for 6 hour shift; 30 minutes for 8 hour shift
Tennessee – 1/2 hour, if shift is 6 hours
Washington – 1/2 hour, for 5 hour shift
West Virginia – 20 minutes, if work is more than 6 consecutive hours
Sounds like you are an "at will" employee. The only law that may apply to you is if you work more than 40 hrs in a week, then OT would kick in by federal law. Breaks and lunch periods are not required by law in any of the 50 states I know of. If they were to give you a lunch break they do not have to pay you for it or count it toawrd your 40 hrs needed to qualify for OT. Southamerica, we await your reply to what state do you work in.
I work in Colorado. We have a state law posted in our break room that CO-DOL sent to our HR. It states the regulations that I posted above.
@JudyKayTee thank you for correcting my links... for my future reference how would I turn an URL into a link the way you did?
I highlight the link and the "paste" it in. It shows up in blue and you can click onto it.
I just got back from Boulder - I don't know where you are. Beautiful State - am going back in Summer to see it again.
Thanks for the help!
Boulder is a pretty famous city and definitely a beautiful one! I do love my Colorado... but itching to get out as well :)
But if I am not mistaken, that is 1/2 hour off for lunch, it is not a paid lunch, the employee is given the time off but not paid for it
It appears Co. has some very unusal rules Colorado Labor Board Lunch Break Laws | eHow.com There are no federal laws like this so each state can do their own thing, I guess
You are correct. An employer is not required to pay wages for a lunch break, they just need to allow time for an employee to eat/regroup without interruption.
ballengerb1-if Colorado's laws are unusual in that most states don't require lunches from employers, I am not about to complain :)
OP-where are you from? We could see if your employer has to give you a lunch or not. Also, how long are your shifts? I'm guessing at least 8 hours if there's concern about avoiding overtime?
I work in Texas, I am a receptionist - 40 hr. week. It's a small office and I am constantly required to answer the phone, do the mail or greet clients during my lunch hour, with no compensation for my time, either with OT (which is not allowed) or time compensation. Is this legal by federal state law?
They also do not let me leave early nor come in late to compensate.Quote:
Originally Posted by salasy
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