Labor Law question: Meal-period help?
Find answers to your legal question.
Labor Law question: Meal-period help?
|
Situation: if I work 9AM to 5PM and do not take my 30 minute unpaid meal break, am I entitled to my 8 hours of pay PLUS an additional 1/2 hour or am I just paid for the 8 hours I've worked? If I am paid for any additional time, is it regular time or overtime? I am familiar with the actual law that states I must be compensated for time worked, but every situation needs clarification. Help!
Additional Details
If I work 9 to 5 I don't have a meal break? What about any work shift in excess of 6 hours must include a half hour meal period? Am I missing something?
|
 
|
Mel
 |
Several issues here:
1) it is not legal for the employer to require you to give up (or work thru) your 30-minute meal break. If you voluntarily give it up, your employer should be requiring you to sign a document indicating that you wished to forfeit your meal period.
2) you must be paid for ALL time worked. If you worked through lunch, you must be paid for that time.
3) if you did not voluntarily forfeit your meal period and/or are not being compensated for all hours worked, you most likely have a wage and hour claim. Visit www.dol.gov for more on wage and hour law and how to file a claim.
Good luck. |
|
leysarob
|
You must be paid for all hours worked. That is the law. If you don't take a meal break and you work through that time, you MUST be paid for it.
However, if your employer tells you that you must take that meal break, and you don't, you can be disciplined and even fired for not following the rules for your work place.
Time worked over 40 hours per week must be paid as overtime. |
|
hr4me
 |
Yes, you get a meal period but it is unpaid time. Most employers will tell you that you have to take the break and can not use it to count towards overtime. (At least employers who want to make sure they comply with the law will)
Check with your employer to find out if your state/company calculate overtime after 8 hours worked, or after 40 hours worked in a work week. |
|
La Vie Boheme
 |
You would need to ask your employer. Most employers will not pay for lunch if you dont take it because they dont want to end up paying you overtime at the end of the week. Usually, anything over 40 hours is overtime but most employers need to approve it. |
|
|
|
|
|
 What age is the legal age for babysitting in ohio? |
| im not quite sure if im old enough to babysit yet. how old should i be to do it?... |
|
 I have a B.S. Political Science and a MPA what can I do for a career upgrade? |
| I have a B.S. Political Science degree and a MPA degree and I cannot get a job. In simple terms, every job interview I go on I am overqualified due to my education experience. What can I do to make ... |
|
 What sort of legal action can i take if my company did not pay me? |
| i worked for a company 2 weeks and without me knowing anything, they closed down, and i did not get paid for the hourse i worked? what can i do about it? i can't get hold of the boss or anything,... |
|
 I was "fired" today, but the boss just said, you have to go. Is this legal? |
I was written up once and our write forms go by steps. 1 verbal, 2 written, 3 is 2nd written, 4 is suspension and 5 fired. The boss is a known bully, which of course no one will stand up to him.
... |
|
 What do you do about your employee's? |
| I'm a manager and all I get is employes complaining over one thing or another and talk behind me back.It really does bother me when all I'm doing is my job.... |
|
 Becoming a Barrister/solicitor? |
| Hello, I am very keen in the idea of being a lawyer, not sure whether I want to be a solicitor or lawyer however. I am quite unconfident in the " public speaking" department. If this a ... |
|
 How could an employee stop being a “victim” ? |
The “victim” employee was told a few times by her boss that she is the best employee for that position. But in the last 3 months, repeatedly, the boss (a woman) is yelling at the “victim” ... |
|
 I am getting Job Seeker's Allowance but i need to do some work experience in order to enhance my CV. ? |
| If i arrange an unpaid internship, say for 2 days per week (in total less than 16 hours) will this affect my JSA?... |
|
| Layoff coming soon..... ethical or legal issues? |
| I work for a contractor at electric utlities accross the U.S. our skill set requires our employer to use foriegn nationals to assist in staffing requirements......we go in knowing full well that ... |
|
 Finding a Law Job? |
| Why can't I find a Law Job. I have a B.S. with the core in Psychology/Criminal Justice, and also Certified Paralegal. It seems I just can't find a career. I have applied for almost 300 jobs ... |
|
 Unfair dismissal? |
Australia, Adelaide only please.
Does anyone know of where i could get some help or advice as i think i am a victim of unfair dismissal?... |
|
 Resignation latter to my job? |
| do i have to add my reason of leaving to my resignation letter? or just inform them that i am leaving in a months time.... |
|
 Is this job interview question out of line? |
| If you are interviewing for a job within your current company, and they ask, "If you don't get this job, will you stay in your current position or look for jobs outside the company?"...... |
|
 Hey, if you are a lawyer please can you help? |
| If you are a lawyer how many hours a day do yo work, how many days a week do you work and also how often do you see your family e.g in the evenings?... |
|
 How valuable is an MBA/JD combo degree? |
what job opportunities are available above and beyond just an MBA or just a JD?
is it better to do that or earn the degrees separately?... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
