deducting pay for no lunch

[prestond]

My husband works for a small, privately owned landscape business in Minnesota. The office manager has been deducting 1/2 hour lunch breaks, even when he does not take a break because they are too busy. Their policy states that any time worked more than 6 hours requires them to provide a break. Last week he worked 5.5 hours one day, did not take a break and the office manager rounded his hours to 6 and took 1/2 lunch deduction. He is not being asked to take lunch, in fact it is expected that if they are busy they continue working and do not take breaks. He has talked to the HR person and they said they would not get involved... What is correct?

[Beth3]

From Minnesota's DOL website:

The state law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it must be counted as hours worked. Time to use the nearest restroom must be provided within each four consecutive hours of work. Meal time applies to employees who work eight or more consecutive hours (see Minnesota Statutes 177.253 and 177.254).

Since your husband did not work an eight-hour day, then the company isn't obligated by law to provide him with a meal break. As long as your husband is being paid for all the time he works, then no laws are being broken even if their payroll practice of adding 1/2 hour to his day just to designate the time as a lunch break is silly.

If your husband is working through a meal break, not being paid for the time, and since the HR person won't get involved, (how dumb is that) then his recourse is to contact MN's Department of Labor and file a complaint.

[Pattymd]

[quote]the HR person won't get involved, (how dumb is that)[/QUOTE]

Very, very.