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Time docked, lunch never taken!

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  • Time docked, lunch never taken!

    Here's my situation, I was recently let go from my job(currently collecting UI). My problem is, during my fact finding interview, my former boss/owner of the company stated "i had my hand in his pocket!" For putting No Lunch on my time card, when i was to busy to take lunch or ate in the truck on the way to the next job. He said during interview i always took lunch and wrote No Lunch down(Completely FALSE)! I tried to keep track of my hours, a few times i caught him not paying lunch. I have now idea how much time/money they stole. I do know a few other employees still there, that they never paid lunch/when it wasn't taken to for 3 years, because they are afraid to speak up. Any legal actions i can take? Any Help Greatly Appreciated Thanks Oh yea I was terminated for loss of license,Never Happened! I just spoke my voice too much

  • #2
    In what state was this? There's a reason we ask that question.
    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.

    Comment


    • #3
      I assume you're in NJ as per your prior thread of last month - is that correct?
      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.

      Comment


      • #4
        New Jersey

        Comment


        • #5
          If you weren't paid for all hours/time you should have been, file a wage claim with the NJ DOL.

          It seems per this thread & your other thread you were a non-exempt employee.

          http://lwd.dol.state.nj.us/labor/wag...age_claim.html
          Last edited by Betty3; 12-03-2010, 04:01 PM.
          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.

          Comment


          • #6
            I find myself in the same situation sometimes. I am in the service field and sometimes
            we are just too busy to take lunch. Well, there might just be a labor law stating that if you work through lunch, your employer must pay you for that time, but I personally,
            find it to be alittle selfish. That might sound harsh, but I don't think it is. I mean, your employer IS GIVING you that lunch break, you are the one deciding not to take it. I have on many occasions, found myself running behind in work, but still stop and take my lunch and end up working late that day, but I received OT so it's not so bad. I also find myself, working through lunchtime and than having lunch at 4pm somewhere. Hey, I decided to be in this field of work where I'm not in an office where the lunch bell rings and everyone puts their pens and pencils down and takes lunch, so I have to make the best of it. I really can't come down on my boss, if I was the one that didn't take lunch, just my opinion.

            Comment


            • #7
              If a non-exempt employee doesn't take lunch or works during lunch/eats while working, they are
              entitled to be paid for that time.
              Last edited by Betty3; 12-26-2010, 06:47 PM.
              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.

              Comment


              • #8
                Betty, that might be the law and you are more than likely correct. But this is a forum
                which means opinions and discussion are welcome. I am in this situation myself that
                I CHOOSE to work through lunch, just so I can get my job done at a faster pace. As a loyal and dedicated employee that my boss appreciates, and awards me now and than, should I come to him everyday and inform him that I want an extra 30 minutes in my paycheck because I did not take my lunch that was absolutely available
                if I did choose to take it? That's just my .02 and I welcome any constructive criticism!

                Comment


                • #9
                  This is a legal forum. The *law* says a non-exempt employee must be paid for
                  all time worked.

                  That's what I am saying.
                  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.

                  Comment


                  • #10
                    Originally posted by Betty3 View Post
                    This is a legal forum. The *law* says a non-exempt employee must be paid for
                    all time worked.

                    That's what I am saying.
                    I once told an employer that I wanted to work through lunch, and was told either I stayed away from the work during lunch, or I was fired. They did not need any possible future lawsuits for any possible reason because someone was in a hurry. They did not want to break the law by having me do so much as handing someone a tool or directing them to an office.

                    It was not me as they had 40 other craftsmen that were working there. Everyone left the work floor during any breaks, (with the exception of salaried management.)

                    If I wanted overtime, I could stay late, but breaks were the law.

                    Comment


                    • #11
                      Right, the employer can get into "trouble" for not paying a non-exempt employee for
                      all time worked.
                      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.

                      Comment


                      • #12
                        I can understand from an employers point of view even though I am not one. A rested and fed employee is a more productive employee than one that is hungry and tired.
                        And like you said, I would not want one day to receive a letter in the mail from the Dept of Labor telling me to pay my employee 5,000 dollars because he didn't take his lunch break for the past 5 years! I am only an employee, but definitely can understand the other side.

                        That is all I am saying............

                        Comment


                        • #13
                          Originally posted by vector18 View Post
                          I can understand from an employers point of view even though I am not one. A rested and fed employee is a more productive employee than one that is hungry and tired.
                          And like you said, I would not want one day to receive a letter in the mail from the Dept of Labor telling me to pay my employee 5,000 dollars because he didn't take his lunch break for the past 5 years! I am only an employee, but definitely can understand the other side.

                          That is all I am saying............
                          I think they can only go back 3 years.

                          Comment


                          • #14
                            & what we're saying is what the law says & what counts.

                            Your opinion is noted!
                            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.

                            Comment


                            • #15
                              There's always one in the crowd! LOL!

                              Comment

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