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Deductions for Break Overages

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  • homegr0wn
    started a topic Deductions for Break Overages

    Deductions for Break Overages

    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!

  • Pattymd
    replied
    I have never heard of this, but if the employer allows only a 15-minute paid break, I would interpret the FLSA regulations to permit anything above that can be docked, just not the whole break. However, I can see the argument going the other way as well, since breaks are not required at all in your state.

    You can file a claim with either the state or federal DOL. It either works or it doesn't.

    However, guess the bottom line is to make sure you clock back in on time.

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