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working thru lunch because of work load Mississippi

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  • working thru lunch because of work load Mississippi

    my employer docks me 15 min when i do not go to lunch. i work thru nearly every day due to shortage of personnel in the office. I am an hourly worker and perform clerical and computer tech duties. i have always been under the impression that MS does not have ANY regulations or laws concerning mandatory lunch breaks. I have worked for several different employers and never had this happen. This particular employer states that they can not pay me for the 15 minutes under law. Where can I find documentation to back up my position that they owe me for the all the docked time and should not dock me in the future?

  • #2
    It is true that MS does not mandate meal or rest breaks.

    However, you are mistaken if you believe that means it is your choice whether to take them or not. Even in a state that does not mandate breaks, it is the right of the employer to require them. It is not the right of the employee to decide they're not going to take them if the employer says otherwise.

    That being said, if you do not take a lunch break, your employer cannot dock you for it. He can write you up for not taking it; he can suspend you for not taking it; he can fire you for not taking it. But he does have to pay you for it.
    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
      And, under federal law, a 15-minute break must be paid. The FLSA does not consider a break a "bona fide meal period" (which can be unpaid) unless it is at least 20 consecutive minutes of uninterrupted time.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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