My employer stated that my breaks are not paid for that the time will be taken out of my check. Is this legal?
Find answers to your legal question.
My employer stated that my breaks are not paid for that the time will be taken out of my check. Is this legal?
 
|
vic91106
|
The laws vary from state to state, and also vary depending on whether or not you are a full time worker.
However, the state law only trumps the federal law if it is more advantageous to the worker.
Here is the federal lowdown on breaks (from US Dept of Labor:
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 work-time that must be paid.
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.
In other words, your employer is breaking the law if he deducts your breaks. |
|
sophieb
|
sure it's legal. From what I know there is no law that says a company has to give breaks. Companies give breaks out of courtesy and also so that their employees with have a short break to rest and rejuvenate themselves (and it's a proven fact that employees work better if they get breaks every so often...to prevent carpal tunnel too if you work on a computer). So if your employer says "no breaks" they mean "no breaks"...don't take one. |
|
leysarob
|
Generally any break that is less than 20 minutes long must be paid. Breaks longer than 20 minutes are not paid time and can be deducted from your check.
Therefore it all depends upon the length of the breaks. Please note as well that in most states employers don't have to provide any break time by law. Some do, because it makes for better employees, but they are not required to except in certain industries.
To verify your situation, go to your state's department of labor web sit and search for information on breaks. |
|
NSangel
|
check with the employment laws in your state.
here you have to work 5 hours to get a 15 min break.
if you are taking breaks, you don't get paid. he can deduct it from the check, as long as it's subtraced in the payroll accounting.
so if you worked 30 hours, and your breaks totalled 25. he can't just pay you 25, he has to state you worked 25 hours. |
|
|
|
|
|
 Convicted felon gonna haunt me forever? |
| Im a convicted felon because I was in a house that had alot of drugs in it and it got raided and i refused to snitch on anybody there so i got blamed.. now i cant find a job or nothing. what should i ... |
|
 Can I be a lawyer's apprentice? |
| Okay so I'm seventeen years old and currently living in Arizona. Had some complications with highschool and now I'm studying to take my ged test around September then early next year I'... |
|
 Is this legal? Boss asking for money? |
| I live in Ontario, Canada, and currently am working at a gas station. Usually one of us works one at a time, so the only other hands in our till are the ones switching money over at the start and ... |
|
 What action should be taken against a person who had submitted fake educational certificates to join company? |
He had provided fake certificates at the time of joining. How to take action so that he gets black listed across the industry and some legal action can be taken against him.
Thanks in advance.<... |
|
 Denied Unemployment! Can a company deny paying unemployment? |
| I was let go from my job back in December for what I later found out was due to misconduct. Apparently one and only one of our clients was not pleased with my level of customer service and they said ... |
|
 Cn I sue my little sister? |
Can I sue my 9 year old sister for ripping off the head of my Bratz Doll, and can I sue my older brothers for laughing?
If so about how many money?
Could I buy another Bratz Doll?... |
|
 Is it legal for your employer to dictate that you lie to your customers when running thier business? |
| I am not comfortable with lying to anyone. Being forced to do so is like going against my religion. So I ended up leaving my job due to this. I am having delays in finding work right now, so I am ... |
|
 Will it be legal to buy alcohol the same day of my birthday? |
I will turn 21 on December 10, 2008. Will I be able to buy alcohol that same day or will I have to wait the day after to become legal to purchase that kind of products??
I live in the US... |
|
 Should I tell my prospective employer I am pregnant? |
| I am 3 months pregnant and have a job interview that I am most likely to get, as I have worked there in the past. It is only a temporary job but with a view to becoming permanent. I am unsure whether ... |
|
 Legal action against not getting paid on time by the company i work for? |
| 5 days in the past 5 weeks my company has missed and I have had to wait an additional 2 weeks to get. I was informed today when I talked to my HR office that I will have to wait till next pay to get ... |
|
 Please help me about unemployment Please :)? |
| can I get unemployment if I resigned under the following: #1 they had been doing major layoffs, my workplace was broken into ( had stuff stolen personally which made it even more scary) and there was ... |
|
 Honesty at my job interview? |
| I have a petty shoplifting record from 3 years ago, and i have an interview for a check-cashing place so should I be honest about my record? or should i keep my mouth shut because they haven't ... |
|
 How long does a criminal misdemeanor stay on your record? |
| If a person has a criminal background check done how far back will it show ... |
|
 Does it matter how you look (facially) or how you dress in the legal profession? |
I am increasingly worried about the fact that looks are a factor in the professional world.
It completely invalidates those poor, unattractive smart girls who spent hours studying only to ... |
|
 PLS ANSWER! Employment verification? |
| I am currently on a leave of absence due to having a baby. I was supposed to be back to work 2 weeks ago but couldnt find a babysitter. I was told by my employer that I could work PT after baby and ... |
|
 What can I do about this? |
| IN APRIL 2006 I WAS ACCUSED OF STEALING FROM THIS STORE I WORKED THERE ALL TOGETHER FOR 11 YEARS AND WAS NEVER ACCUSED OF ANYTHING....I WAS ACCUSED OF $12750.00 OF MERCHANDISE EMBEZZELEMENT CHARGES WH... |
|
 I wanna change my major..? |
| right now im goin for business administration..but i want to change it to crimnal justice..whats your opinion?... |
|
 Sign contract and stay, or risk no job and leave? Help?!? |
| I currently teach in a school district about an hour and a half from home, where my family and boyfriend live. I have an apartment out here and the lease ends in July. I have not signed my contract ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
