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Work throu lunches Nevada

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  • Work throu lunches Nevada

    I work 8 hours days (which used to be 10 hour days up until the 5th of January) The only break or lunch I get is 10 minutes to grab my lunch. Maybe even less.
    After grabbing something to eat I return to my desk and answer the phones and greet patients. I have spoken to my manager about not receiving a full lunch or break and I also have spoken to HR several times about this.
    Is there something that can be done at this point?

  • #2
    http://www.laborcommissioner.com/faqs.htm

    Are you getting paid for this time?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      work throu lunches

      No, I am not being paid. I actually work an 8 1/2 hour shift and they automatically deduct a half hour pay. This has been going on for over a year now.

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      • #4
        work throu lunches

        Originally posted by Pattymd View Post
        http://www.laborcommissioner.com/faqs.htm

        Are you getting paid for this time?
        No, I am not being paid. I actually work an 8 1/2 hour shift and they automatically deduct a half hour pay. This has been going on for over a year now.

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        • #5
          Assuming that you are Non-Exempt employee who legally must be paid based on actual hours worked, then you are owed any time you worked and were not paid. You can try talking to your employer. You can file a wage claim. You can file a court action.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Originally posted by DAW View Post
            Assuming that you are Non-Exempt employee who legally must be paid based on actual hours worked, then you are owed any time you worked and were not paid. You can try talking to your employer. You can file a wage claim. You can file a court action.
            Thank you,
            But I don't think talking to my employer has helped much. They have had legal action taken with them in the past, over the same issue.

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            • #7
              And did they lose those?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Originally posted by Pattymd View Post
                And did they lose those?
                Yes, they lost. But it was a several people that pulled together to form the law suit.

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                • #9
                  Too bad you missed the opportunity for the class action. I'd recommend then filing the claim for unpaid wages and the failure to provide the required rest/meal periods with the Labor Commissioner's office.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by Pattymd View Post
                    Too bad you missed the opportunity for the class action. I'd recommend then filing the claim for unpaid wages and the failure to provide the required rest/meal periods with the Labor Commissioner's office.
                    Do I need an attorney to do this?

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                    • #11
                      Nope, and it's free. See Filing A Claim here:
                      http://www.laborcommissioner.com/faqs.htm
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Originally posted by Pattymd View Post
                        Nope, and it's free. See Filing A Claim here:
                        http://www.laborcommissioner.com/faqs.htm
                        What if they fire me? They could terminate me for filing a claim, right?

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                        • #13
                          No, you cannot be fired for filing a claim with a regulatory agency. If you are fired, that's a wrongful term and you have legal recourse.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                          • #14
                            Yes, but they can also fire you for not filing a claim. If the employer wants to fire you, they will. Your legal recourse is actually somewhat better if you can claim that termination occurred because you filed the claim. Not perfect, just somewhat better. There is a base line assumption that employers can legally terminate employment with out actual cause, and the legal burden is on the employee to show that a termination actually violated a law.

                            If you are asking for some guarantee that there will never be any adverse consequences for filing a wage claim or talking to an attorney or talking to coworkers (or posting on an INTERNET website), there are no sure things. At best you might have possible recourse for actions actually taken by your employer.

                            http://en.wikipedia.org/wiki/At-will
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

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