Lunch break pay taken even if you keep working?
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Lunch break pay taken even if you keep working?
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I currently work in the state of Ohio, which according to the department of labor has no mandates on lunch breaks....
Where I work, the schedule varies, and we have only one car at home. My husband works the evening shift on occasion- so I have to make sure I'm out at a certain time. Also, if I don't have too much work during the day, I may work straight through my lunch break because I know I'll be home several hours before the usual end time anyway.
Recently, my employer started docking pay for 30 minute lunch breaks if you work 6 1/2 hours in a day... regardless of whether you take the lunch break or not. If I'm working the entire time, is it legal for them to automatically dock my pay for this lunch break period?
Thanks!
Additional Details
Most times I do take a lunch break- there are just some days when it's not realistic for everything that's going on. This is a once or twice a pay-period occurrence, just when I need to be home so my husband can have the car for work, or when I'm going to be done early and don't see the point of taking a lunch at 12:30 when I'll be done by 2:30.
I have communicated with my supervisor, who sees no problem in me working through to make sure I'm home in time, and no one stated this as a policy or notified the employees- they just started docking the half an hour. I cannot find anything in the handbook about a mandated lunch period either.
Can anyone provide me with a link that accurately explains the lunch breaks and pay that doesn't confuse you like the Department of Labor sites do? I need plain english! LOL
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Giustapporre
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As an hourly employee (as opposed to a salaried employee) by law, for every 6 hours worked, an hourly employee is required to take a 30 minute lunch break.
You may as well take a 30 minute lunch and enjoy it, since you're not getting paid for working straight thru anyway. If you need to see this policy in writing, ask the HR department of the company you work for or ask your supervisor to tell you where to see the policy in writing so that you can follow what it is they ask of you. |
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josh_packfan
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NO! If you worked and didn't take a lunch, they cannot take the 30 minutes of pay from you for those days.
But you are required to take a lunch break after 6 hours if your employer requires you to |
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Judy
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There is no federal or Ohio state law that mandates lunch breaks, but federal law requires that you be paid for all hours worked. The employer can require that you take a lunch break, and not pay you for it, but if they let you work without taking a lunch break, they can't dock your pay for a lunch break that you didn't take.
The requirement to take a lunch break doesn't have to be in the employee manual to be valid. |
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John W
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Yes. If that is the stated policy of the office, then they can do that. You should take at least 30 minutes off for lunch anyway. If you don't feel like eating, at least take a break. You are going to stress yourself out and burnout if you don't quit doing this to yourself. As someone who used to work for the government myself (USDA), I find it hard to believe that they don't require lunch breaks where you work. As far as I know, all government jobs have required breaks. At my office, not only did we get hour lunch breaks, we also got 15 minute breaks (one in the morning and one in the afternoon). We worked pretty hard in our office and I was very glad to have those breaks. Kept me sane. |
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Dave
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yes because youre a woman |
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fnygrl13
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I work at an assisted living home on weekends third shift. The state requires min. 2 aids per shift. One must be a med-tech. I am always the med-tech. If you are required to have 2 aids on, I do not understand how they can take a 1/2 from my time, if I can not clock out, if I can not leave and since I am the only med-tech on the shift? I usually do not clock out but they take the 1/2 hour out of my pay. I inquired to pay me the full 8 hours since I am always on duty and can not technically clock out. Through my research if i can not be relived of my duties can they legally take that half hour from me? |
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