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Lunch Breaks

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  • Lunch Breaks

    At the place I work we are to take a lunch break if we are there over 5 1/2 hours, I usually in the department I work in do not have a chance to do so, due to the fact sometimes when it comes time I am by myself and have to wait on customers, so I have actually never taken a lunch, but 30 minutes is always deducted from my pay for a lunch everyday, even though I usually have to work through it, this doesn't seem fair to me. I live in WV, is that legal to do?

  • #2
    In no state is it legal to deduct a lunch break if you work through it. If you work through your lunch, you MUST be paid for it, although you can be disciplined for working through lunch without permission if that is the case.

    You can file a complaint for the unpaid lunches with your state DOL.
    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.

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    • #3
      Would they have to pay me for all the time that was taken from me for lunch breaks?

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      • #4
        Yes, if it is so ordered by the DOL. I'm not sure how far back your state would go, however. 18 months to 2 years is not uncommon.
        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
          I am having the same problem in Mississippi

          I work from 8:45AM to 6PM everyday. We are REQUIRED to clock out for a 30 min lunch every day and if we fail to clock out because we are assissting customers the time is still deducted from our pay. I was reprimanded today by my District Manager because I chose to eat lunch while I was off the clock. She informed me that I was required to continue with my job duties even while off the clock. Can they really do this to us?

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          • #6
            Same answer. You must be paid for all hours you are on duty.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              However, you can be reprimanded, disciplined or even terminated for working through lunch without permission.
              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.

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