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lost time Pennsylvania

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  • lost time Pennsylvania

    I work for a car dealership as a parts driver. I'm gone for the most part all day. They Take out 1/2 hour for lunch each day weather I take it or not. I'm not even getting 40 hours a week, like I'm sapose to. When they take it out I'm loseing a half hour time and a half hour money even if I don't get to stop and eat. Is this leagal? Sometimes I eat wile I'm moving.
    Last edited by gelfling; 07-10-2006, 01:18 PM.

  • #2
    If you are working while on the road, they must pay you for that time. Have you told them you didn't take a break on the days you skip lunch? If you aren't there, how would they know?

    While you must be paid for time you worked, your employer can discipline you for not following company policy if that policy is to take a lunch break.

    Unless you have a contract otherwise, you aren't guaranteed 40 hours a week.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Lost time

      I was told it was a 40 hour week job. Sometimes it get the 40 sometimes I get overtime. As of late I'm getting 37. something or 38 or 39 I can't get the full time because they keep taking the half hour. Now I must admit I do stop and eat when I can, But like today I took 15 min for lunch but they will write in 1/2 for lunch. It doesent seem to matter it I tell them ( hey I only took 10 or 15 today ) they still take the half.
      I was also told buy my boss that if I pushed this they would cut my hours.
      I have worked at two other dealerships and they never took it out. They paid me for being on the road. As it should be, as I see it. How can someone write you out when your not there? Your on the road making money for them. We have two other drivers and they never stop or hardly ever stop. One of them is part time and they snag him to. This just really up sets me.
      What I want to do is, walk in the office with a paper that says they can't do this anymore and that they owe me and the other drivers the money they have taken from us.
      Last edited by gelfling; 07-11-2006, 03:06 PM.

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      • #4
        I think you would be hard pressed to find such a paper.

        My recommendation to you is to keep a personal copy of all hours worked. Try matching this up to your hours listed on your pay statement. Please keep in mind the period ending dates when you do this. Pay dates and period end dates are often not the same.

        If you can prove a history of being paid incorrectly/improperly, you may have a claim for back pay. You would submit this claim to your state's Department of Labor.

        For your reference, the link below will direct you to PA DOL's website:

        http://www.dli.state.pa.us/landi/site/default.asp

        The below link is where you can report a wage complaint:

        http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&q=201211&landiPNavCtr=|3876|#3880

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        Last edited by robb71; 07-11-2006, 03:25 PM.

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        • #5
          Unless you have a bona fide contract that says otherwise, they are not required to guarantee you 40 hours a week. If they only have 37 hours of work for you, that's all they have to schedule you.

          If you do not take a lunch break they cannot deduct that time from your pay. However, you can be disciplined or terminated for not taking a lunch if your employer wants you to.
          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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