homegr0wn
06-03-2009, 09:54 PM
Just needed come clarification here....
Employer allows two 15 minute breaks. Recently the employer has been deducting the breaks from hours worked if the employee clocks a break >15 minutes (i.e. if employee takes 16 minute break, then employer docks pay for 16 minutes).
From what I have read here (http://www.dol.gov/dol/topic/workhours/breaks.htm) and other places, it seems as though the employer can a) only dock pay if break is greater than 20 minutes or b) only dock the pay in the amount of the unauthorized overage -- which in the example above would amount to docking 1 minute of pay since that is the unauthorized overage.
Has anyone had any experience with this? Is employer able to dock the pay in such a way as outlined above?
Thanks!
Employer allows two 15 minute breaks. Recently the employer has been deducting the breaks from hours worked if the employee clocks a break >15 minutes (i.e. if employee takes 16 minute break, then employer docks pay for 16 minutes).
From what I have read here (http://www.dol.gov/dol/topic/workhours/breaks.htm) and other places, it seems as though the employer can a) only dock pay if break is greater than 20 minutes or b) only dock the pay in the amount of the unauthorized overage -- which in the example above would amount to docking 1 minute of pay since that is the unauthorized overage.
Has anyone had any experience with this? Is employer able to dock the pay in such a way as outlined above?
Thanks!