Lunch and Break ???

[JRupert99]

Hey, this is my first post and I have read others regarding this, I just want to make sure I have this right.

First off, I work at Toys R Us and run the overnight crew there. My boss informed me that I do not have to give my workers a break nor a lunch for an 8 hour shift, and that I should just keep them to a lunch with no breaks. I have worked there for a lot longer than my boss and have worked overnights there for the past 5 years and do not believe that is the way to go. My boss is over in hours this week because of the holiday season and is trying to get me to take a lunch and clock out for it. Every other year we had been getting paid lunches because we were not aloud to leave the building. This year we have to clock out. We were called in on our days off, actually we were told that that if we didnt show up we would be fired even though we werent scheduled for it and we didnt even know until the day before. Can she fire my crew and I for that? Also, since I did come in on the day off it will put me into overtime, which for a college student thats great. I can use all the money I can get, but if I have to clock out for lunch not only would I lose my half hour of work but actually I would be losing 45 min because of the overtime. Can I clock out for 20 min and actually be considered a lunch since it is technically 30 min? If anyone has some imput it would help, because personally I dont want to take a lunch esp. when it takes some of my overtime away.

[JRupert99]

also I work in Ohio

[Pattymd]

Under federal law, any breaks of 20 minutes or less must be paid. I could not find any Ohio requirement (nor is there a federal law) that requires meal periods and rest breaks. But, if the employer says you take a meal break (must be more than 20 minutes to be unpaid), you take one regardless of whether there is a law requiring it or not.

Merely being required to stay on the premises is not, in and of itself, restrictive enough to require your meal period be paid. If you are completely relieved of duty, then the meal period does not need to be paid.
http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.19.htm