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Time docked, lunch never taken!

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  • Betty3
    replied
    We tell the poster what the law says (if there is one). Our opinion doesn't matter/count
    when there is a law to the contrary.

    Your opinion has been noted as I said.

    Leave a comment:


  • vector18
    replied
    Who is arguing?

    Leave a comment:


  • GotSmart
    replied
    The forum is for talking about the law, and giving quotations of case law. Not for legal advice. The only legal advice we can give is to speak with a legal representative for yourself.

    For the sake of brevity, (and because most of us have full time plus jobs) discussions are discouraged except for the Legal Lounge. There are many people that come here to try to work out how to attack the problems they run into. It is much nicer to keep things neat and clean for them.

    Things such as, "Here is the link for this "here is my experience with that, but the judge might see things differently for you," and so on.

    You would be amazed how many people try to argue case law with the members, when all we want to do is point them in the proper legal direction.

    As for arguing with the super moderators, I will only do that in private chat, as I like being able to get honest direction when I need it.

    Leave a comment:


  • vector18
    replied
    There's always one in the crowd! LOL!

    Leave a comment:


  • Betty3
    replied
    & what we're saying is what the law says & what counts.

    Your opinion is noted!

    Leave a comment:


  • GotSmart
    replied
    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.

    Leave a comment:


  • vector18
    replied
    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............

    Leave a comment:


  • Betty3
    replied
    Right, the employer can get into "trouble" for not paying a non-exempt employee for
    all time worked.

    Leave a comment:


  • GotSmart
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • vector18
    replied
    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!

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • vector18
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • brian004
    replied
    New Jersey

    Leave a comment:

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