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AZ Time Card Edits Arizona

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  • AZ Time Card Edits Arizona

    I need some help here guys. What's your opinon on my employer deducting .5 hrs of work from every 6.25 hrs of work on account of "two 15 minute UNpaid break". Unless during that 6.25+ of work you clocked out for .5 hrs.

    They claim they are well within the boundaries of the law and have lawyers that have cleared it. But they have cheated the hours of myself and ALL of the employees at the business. I feel I am forced to call the Industrial Comission of Arizona. Please share your opinions.

  • #2
    They've "cleared it" with someone who doesn't know the FLSA. The FLSA states that breaks of less than 20 minutes are rest breaks, not meal breaks, and must be paid. State law cannot make that go away, even if there WAS a law in Arizona that was purported to do so, which there is not.

    ยง 785.18 Rest.
    Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked.
    http://ecfr.gpoaccess.gov/cgi/t/text...1.2.44.3.436.9

    Now, I'm assuming that this employer is subject to the FLSA. Let's start here. What type of business is this?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Food services, restraunt/catering. Thank you for the reply so far Patty

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      • #4
        OK, then, 99.999% positive the company is subject to the FLSA.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Just to be clear, labor law is a specialty area. Most lawyers know little or nothing about labor law. I have lost count of the number of attornies hired by employees who feel that all tax withholding is optional. Or that a phone call from an attorney makes wage garnishments go away.

          Many employers know little or nothing. And some employers deliberatly make false statements.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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