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taking out 1/2 hr lunch or not

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  • taking out 1/2 hr lunch or not

    In the state of Pennsylvania...if you are scheduled to work from 3:00 pm to 11:30pm and do not take a 1/2hr lunch break (just work through it) can the employer force you to take the 1/2hr? if you punch out at 11:00pm, can they force you to stay till 11:30 and still take the 1/2hr out of the 8 1/2hrs of the workday? thanks for any help.
    Last edited by absent-minded; 04-04-2011, 08:49 PM.

  • #2
    Originally posted by absent-minded View Post
    In the state of Pennsylvania...if you are scheduled to work from 3:00 pm to 11:30pm and do not take a 1/2hr lunch break (just work through it) can the employer force you to take the 1/2hr? if you punch out at 11:00pm, can they force you to stay till 11:30 and still take the 1/2hr out of the 8 1/2hrs of the workday? thanks for any help.
    Pa. does not require meal and/or rest breaks for adults. However; if your employer
    tells you to take a lunch break, you take a lunch break. If you work through it &
    assuming you're a non-exempt employee, you have to be paid for it but your employer
    can discipline you up to & including termination for not taking it. If you are scheduled
    to punch out at 11:30 (your work day is 3:00pm to 11:30pm), then you punch out at
    11:30. You stay as long as your employer tells you to stay. You just have to be paid for all time worked if you are non-exempt.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      alrighty then, thanks for the answer Betty, much appreciated.

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      • #4
        You're welcome.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          FYI, in all 50 states your employer can force you to take a break, of any length, whether you want to or not. There is no state that gives the employee the right to determine what his hours are, and that includes breaks. An employer cannot require an employee to take fewer breaks than the state provides for, but he can require the employee to take more.
          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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          • #6
            Agreed with all the other answers. Past that, courts historically have shown employers great deference in managing their business. What the employees wear. When they work. Where they work. When the employees can go to the restrooms. I am not saying that all employer instructions are always legal, but employer instructions are legally assumed to be legal unless the law specifically says otherwise.

            Not what most employees want to hear obviously.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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