Hello I just started working for an independent contractor as a receptionist. My first 10 days I worked from 6 hours a day to 8.5 hours a day. When I got my pay check for those 10 days my employer had deducted 10 hours off my check telling my it was for lunch, but I never took a lunch and was never asked to. I thought the law was a half hour lunch after 8 hours, but she took 1 hour from each day and I worked those hours. Should I get my money from those 10 hours... was it illegal what she did?

ANY question on law needs to include your general locale as laws vary by area.

Federal law does not regulate meal periods, but such periods are not compensatory time. If the company establishes a specific meal period, then you cannot be paid for it. Also if a specific meal period is established you genenrally cannot work during it. So it would have been illegal to require that you work doing the time and illegal to pay you for it.

Bottom line is you need to take your meal periods.

You stated that you didn't take lunch, because you were never asked to. Asked to? Did they not do an orientation, tell you your break schedule?

You obviously know that you had the right to take a lunch break. I find it unbelievable that any company would not inform you of their policy for breaks. So it comes down to this. Were you aware that you had a one hour unpaid lunch, but chose not to take it (which means you worked an extra hour for free, and they can't be penalized for it), or were you not aware that you were entitled to an hour lunch break, unpaid, in which case you still don't have a leg to stand on when it comes to being paid for that break.

Can you demand to be paid for a break that no one else gets paid for, simply because no one came to babysit you and tell you "it's time for lunch"? I would have asked on day one "when's my break?"

The answer is, yes, you can demand it, you won't get it, and when you demand it, they'll find someone else, because you're difficult, and frankly, there are a million others willing to work for them, and they don't need someone that causes trouble.

Orientation? Unbelievable? This is an 'independent contractor' of which I have worked for many. Small office, one to three people, no formal organization. And no clear or easy way to take a lunch break. So I'm not surprised at all.
But I was in charge of all those places so I paid myself and damn well got paid for every hour I worked. You need to assert yourself with the owner or office manager. Either you go somewhere private in the building where you don't have to answer the phones etc, or leave the premises entirely - or you negotiate an agreement to have lunch at your desk while working and getting paid for it.

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Originally Posted by joypulv

Orientation? Unbelievable? This is an 'independent contractor' of which I have worked for many. Small office, one to three people, no formal organization. And no clear or easy way to take a lunch break. So I'm not surprised at all.
But I was in charge of all those places so I paid myself and damn well got paid for every hour I worked. You need to assert yourself with the owner or office manager. Either you go somewhere private in the building where you don't have to answer the phones etc, or leave the premises entirely - or you negotiate an agreement to have lunch at your desk while working and getting paid for it.

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And when you assert yourself be prepared to lose your job, because there are millions of other people out there looking for work, that won't complain, and will just be happy to have employment.

Joy, remember, we're talking about today's job market, not 20 plus years ago.

Agree, you take that lunch break from now on, obviously it appears they knew you worked it, unless you were all by yourself in some office. And they are trying to not pay you

You need to inform them that you did not take the breaks and they owe you for the time you worked.

I want to add. I worked reception for many years. I was usually the only person in the office all day. During my lunch break the phones were put on voice mail, and the office was shut down, as per the instructions I received during training, orientation, and outlined in the employee handbook.

If I chose to have lunch at my desk, and didn't follow procedure, it was my choice, not that of the employer. My lunch break was my time, unpaid time. If I chose to work that unpaid lunch break, that was my choice, but demanding to be paid after the fact, without first discussing it with the employer, is just a recipe to getting fired. I know I'd fire any employee that decided to work during their break, and then demanded that I pay for it.

In which state are you working? Federal laws do not provde for paid lunch periods or even breaks. I agree with the other posters, making a big deal over this could mean termination so bite the bullet and take your I hour lunch but ask for a written copy of their labor policies. Normally, if you are hourly, you must be paid for the work you do. If you worked 8.5 straight hours then you should be paid for 8.5 but again you'll likely end up unemployed if you pick this battle

Even in a down market, there is only so much you should take. Go to the owner and say 'I worked an extra 10 hours without pay because I was learning, and now I want to be paid for all future lunches I have to work through.' I don't see you getting let go over that.
I had a job once where is was very low on the totem pole, at a university science department. I had to be in a small room all day while others breezed in and out for just a minute at a time. I was dying from lack of air, despite a vent on the wall. I went around pounding on desks and finally announced that I was going to call in sick until something was done. A simple check of the dropped ceiling revealed that the air ducts had never been extended to that vent. I was THANKED and praised.