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TO82
05-12-2006, 03:56 PM
OK I have a question to anyone out there that might be able to answer it..

Here's the situation..

Im a HVAC service tech. Standard day is 8.5 hrs not taking away the .5 hr for lunch (not paid) If I don't get a chance to take a lunch, or eat lunch driving from a call to another call (on travel time that customer pays to my employer) Is it in anyway legal for the timekeeper of my daily timecard to dock me for a .5hr lunch when I worked through it? If I work through my lunch on a serv, call or an install, the customer has to pay my employer, shouldn't I get paid too? too me a lunch consists of sitting down for a full 1/2 hr and not involving work in any way for that half hr. So with that scenerio here's me question. If I choose to not take a lunch or do not receive the time for a lunch is it legal for my employer to dock me for lunchtime when it was worked through? also if I have to take a lunch isn't 2 paid 15 minute breaks sopose to be given ?

Whats the difference to the If I work and extra half hour (through my lunchtime) or work it at the end of the day (from 4:30 to 5:00) they still have to pay the extra half hr. personally I have a family at home. I would like to get my 8 hrs done asap in the day to get home to them. So with that said, all the office personell goes home at 4:30 and they are nice and cozy at home while im still out there in the feild bustin my hump for them wishing I was home too.

Pattymd
05-12-2006, 06:12 PM
If you don't get to take a lunch, you need to report to your supervisor that you weren't able to do so, so that the timesheet or time clock entries can be adjusted. Any break of less than 20 minutes must, by federal law, be paid.

You can file a claim for unpaid wages with the state Dept. of Labor.

TO82
05-13-2006, 06:07 AM
The timesheet I fill out and they change it on me. If I don't take a lunch I cross it off and write "no lunch" and this lady will take it away from me anyways.

Pattymd
05-13-2006, 10:30 AM
Then keep a copy before you turn it in, and file a claim for unpaid wages. When the DOL investigates and requires the employer to provide the time sheets, it will be obvious to them that they were changed. And, without your initials or signature that you approved the change, they will be hard pressed to prove to the DOL that the change was not a "willfull" action done to avoid paying overtime. The DOL does not look kindly upon willfull violations.

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