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#1
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Yes this is another lunch break type question.
My work (a muncipal gov.) makes me "work" 9 clock hours while I only get paid for 8 hours. The real issue is over a mandatory 1 hour unpaid lunch break which must be taken between 11am-1pm. State law says they only have to offer a 30min break. Further while other departments can take their lunch break whenever (skip lunch, leave work early) we are forced into these time constraints. Even if I wanted the lunch break (which I don't) I don't need more than 30 minutes. Instead I have sit and do crossword puzzles or something stupid for another 30 minutes. Is it legal for them to mandate an unpaid 1 hour lunch break? I know they can require 30 mins but, since they are requiring more it seems to be part of my job. If it is legal, is the fact they let other employees (similar job description) take the "break" whenever but force me into that narrow window? Thanks P.S. Any hope at recovering 10 years of lost wages from this? ![]() |
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#2
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No work, no pay.
It is legal for the company to have you take the hour off. We have an employee that must do that since we want her here at 8 AM and not to leave until 5 PM. The only way to do that without incurring overtime is to have her take a one hour lunch break (or, alternatively, two thirty minute unpaid breaks).
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Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice. |
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#3
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Please keep in mind poster, that not only can they do this, they can discipline, up to termination, if you do not do as they wish with your lunch break. Please don't get fired fighting them on this. If you read some of these posts here, you will find that some live in states that do not have to give you any breaks at all, all day long. I would be happy that you get one, instead of the alternative. Good luck to you!!
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#4
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State law may say that they only have to offer a half hour break, but state law does NOT prohibit them from requiring a longer one.
It is legal for them to mandate an hour unpaid break and it doesn't matter what the requirements is/are not for other employees/departments. Not even a prayer of recovering lost wages since no wages are due for time not worked. |
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