Kat78
09-26-2008, 09:50 AM
Hi! If I work full time, and do not take a lunch break, is my employer allowed to dock my pay 30 minutes each day?? If this is not allowed and is happening, what can I do about it?? I've asked my direct supervisor only to be told that I don't have a say in it, that they have to. Any info will be a big help!
Mr. Pink
09-26-2008, 10:17 AM
*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*
Are you exempt or non-exempt? If non-exempt, your employer needs to pay you for all hours worked, including time that you work during your lunch break. If adding that time to your regular work week puts you over 40 hours, you are also entitled to overtime for the hours over 40. Check out www.dol.gov and look at the web pages addressing wages for additional information.
Mr. Pink
However, please note that if your employer wants you to take a lunch break for whatever reason, you can be disciplined up to and including termination for not doing so.
Kat78
09-30-2008, 08:37 AM
They tell me to take a lunch break, but then they schedule my day so that I can't take one. They schedule appointment times in which I am supposed to be at the customer's homes, and even without taking a lunch break, I am late for because they do not allow enough travel time. They know I'm not taking lunch breaks, I've brought it up many times. But, they are still docking my pay! They have never mentioned any type of disciplinary actions for not taking a lunch break, but they continue to dock my pay, 30 minutes a day!!! Over the course of about 4 years, they've taken quite a bit of money from me.
Pattymd
09-30-2008, 08:46 AM
You can file a claim with either the state or federal Dept. of Labor for unpaid wages. Unfortunately, the federal SOL is 2 years (3 if the violation is deemed to be "willful") and Ohio may not even be that long.
You might be able to go back further in a civil suit, but you'd probably need an attorney for that.
So, ARE you exempt or nonexempt? If you don't know, tell us exactly what your duties are and how you are paid.