seekingcareeradvice
01-03-2006, 09:41 AM
I was just told by my employer that I must work more hours to compensate for a 1/2 hour lunch. I have worked here 2 years and we do not take lunches. We are constantly interupted and work through lunch. I was told, "It is state law and you must take it, it is required." When I tried to explain the difference of hourly vs. salary, I was shot down, so I wanted someone else's opinion.
I thought as a salaried employee you weren't required to take the breaks that an hourly employee is?
Can someone please clarify?
Thank you
Off the top of my head I don't know NH laws for lunch breaks. However, state law or not, I don't know of any state in which the employer does not have the right to require a lunch break be taken if they want the employee to do so. The employer, not the employee, determines what hours are worked. If they want their employees to take a lunch break, it doesn't matter whether there is a state law mandating one or not; they have the right to create such a requirement internally. This is true regardless of whether the employee is exempt or non-exempt.
I would just take the 30 min unpaid lunch and be clear with your boss, when asked to work during it that you are on unpaid time. This was a problem I ran into where I was required to take an hour unpaid, and work an hour later each day. Then my boss would come to me with "problems that need to be taken care of right now" almost everyday at my lunch time.
I made a point of leaving the office everyday at lunch.. I was very shortly asked after if it would be a problem to remove the lunch break.
Pattymd
03-27-2007, 01:14 PM
Of course, Sudo's advice could also end up with the OP getting fired for deliberate violation of a legal company instruction. :rolleyes: