carraudio
09-21-2009, 07:50 PM
So I found out last check that my boss has been taking 30min of everyday that I don't take a lunch break. When I questioned him on why my check was 5 hours short of what I saw on his deck just a few min before he told me in was required that he do so. Most of the time I don't take a lunch break if I eat lunch it is while i'm working and I only stop fr a few min. there are also times when I'm the only one there so I can't even leave. At first I thought it he was telling me it was required that he give me a 30min lunch. The more I have talked to people they say it is not a requirement that he gives me a lunch break. I slave for this guy and now I find out that he is taking money right out of my pockets. I have been looking all over the net for a copy of the NM labor laws but I can't find it. I want to find it in a document where it saws it is not required. I hope someone can point me in the right direction on this one. It is really making me not want to work as hard.
Thank you
Chris
Betty3
09-21-2009, 09:02 PM
New Mexico (& there is no federal law either that requires them) has no law that requires meal and/or rest breaks for adults. However; if your boss/employer requires you to take lunch and/or rest breaks (ie 30 min. lunch), you must take them. If you don't take them & work through them, you must be paid for this time - you have to be paid for all time worked (I'm assuming you're a non-exempt employee - seems so). However, your employer can discipline you in other ways for not taking them up to & including termination. They just cannot pay you for time worked.
http://www.dws.state.nm.us/dws-qlid.html
Q. Does an employer have to give lunch breaks, coffee breaks or rest periods?
A. No. There is no statute that requires an employer to provide such breaks; however, deductions cannot be made from wages if less than 30 minutes is allowed for the breaks.
Pattymd
09-22-2009, 05:02 AM
You can address this with the employer per the cite Betty3 provided, or you can just file an unpaid wage claim with the state Dept. of Labor.
Are there ANY time records that reflect the hours you worked?
