Not to beat a dead horse here, but is it legal for an employer to make it manditory for an employee to clock in a half hour early to take a lunch break that will be deducted from the employees wages, when the employee is not able to take the lunch break? I am the sole person on at my job with customers coming in at any moment and cannot leave my area to take a break for any length of time and leave my area unsecure. I realize that Michigan is a right to work state which means the employee has no rights other than to be male or female, or any race, or any age, but is it still right?

Right to work means you cannot be forced to join a union to get work. It has nothing to do with this situation.

Your employer can require you to clock in at whatever time he needs/wants you to clock in.

Your state does not require breaks of any kind, so there is no illegality in your not receiving one. However, you cannot have break time deducted from your check, regardless of when you clocked in, unless you actually take the break.

Right to work means you cannot be forced to join a union to get work. It has nothing to do with this situation.



And with that the way I understand it is whereby I am not forced to join a union I am also vulnerable to any exploitation that an employer can and will take advantage of. Was my whole point in stating this is a right to work state. I know from experience that an employer will use right to work to fire an employee at a whim and or use it to enforce otherwise unreasonable ethics on a worker. So yeah I think it has a quite a lot to do with this situation. A matter of point of view. Anyway enough said.

Thanks for clearing this up. Sorry I bothered you.

I didn't say you bothered me.

Right to work does not apply here. Employment at will is what you are searching for.

Even in an employment at will state, the employer's right to fire is not unlimited or even limited to discriminatory actions. An employer cannot fire you because you applied for FMLA or workers comp, filed a complaint of illegal activity with the appropriate regulatory agency, because you complained of , not just experienced, sexual harassment or illegal discrimination, because you attended a union meeting, or in any other way applied for or utilized a right or benefit that is protected under the law.

Fine I got ya , you win I am wrong I am just an udereducated country hick.

and by the way I am not searching for anything, I dont care what it is called right to work , work at will whatever, my meaning in bringing it up is simply employer use either one to make up rules as they go along and the employee has little to no rights. OKay ? The bottom line is ... no i don't get paid for a half hour wether or not I take a half hour, and as far as I can see we can dance around verbage and termanologys and philosophies until we pass out , it won't matter. Sorry I used the "wrong" term. Once again you know everything all i know is work my minimum wage job as long as I can take what the boss gives me, buck it up and when I get to retire at 75+, I can lay down in my casket happy with the knowledge of a job well done.

please close this topic it leads nowhere.

If your employer is deducting a half hour from the time that you work when you do not take that break, you do have rights. You have the right to file a complaint with the state DOL, who will get you pay for that time. You do not have to prove you were not paid for it; your employer has to prove that you were.

You can also, if you prefer, sue him in small claims court, but the DOL is free.

Oh, and you cannot legally be fired for filing such a claim. You'd have an additional claim for wrongful termination if you were.

Don't lie down till they hit you.