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Docking pay for Lunch Breaks Never Taken

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  • Docking pay for Lunch Breaks Never Taken

    An employee is hired in January 2004 to work the Night Audit at a local hotel in Tennessee. He is on duty on third shift with three (3) other staff members, but is not allowed a bona fide meal break as defined under 29 C.F.R. 785.19. He works through his entire eight (8) plus hour shift each night, occassionally eating as he works at his desk.

    Employer repeatedly docks employee for 30 minute lunches for more than half of the lunches he takes during 2004 - even though there is no time clock punche for this.

    Additionally, employee due to business necessity is unable to take lunches in 2004 on his 2nd shifts (3-11) as well. Again, employer has no time clock punches to base these deductions on. Employer docks pay for these lunches not taken as well.

    Employer apparently has a history of doctoring time clock for various reasons it rationalizing as just.

    Is these legal? What are the implications? Recourse for employee? Ramifications for employer?

  • #2
    Report employer to TN Dept of Labor
    http://www.state.tn.us/labor-wfd/lsdiv.html
    http://www.state.tn.us/labor-wfd/mainseeker.html

    First link goes to page of division that handles pay being misallocated and reporting of wages messed up.
    Another option is to talk to the employer directly, but not sure that would be effective. May be best to let state contact employer, conduct audit of selected employees or everyone period to get problem addressed.

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