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| *Ostroff, Fair and Company>>>Law & Legal |
Can a employer legally deduct your lunch break from your pay? |
my employer deducts our lunch break from our pay, so instead of getting paid for 8 hours per day, we get paid for 7.5. Is this legal and if not whom do I need to contact? I've never heard of this before. My state is North Carolina. Thanks Remember the saying - "There's no such thing as a Free Lunch." I'm sorry to say that's your answer. There are rules that your employer has to follow that say when they have to give you a break. But there's nothing in the rule book that says you have to get paid for that break. For example, when I worked for an Insurance Company back in the mid-1970's, we worked an 8 hour day, with a 30 minute lunch break each day. Now, our salary was based on a 37.5 hour week. So, our lunch breaks were unpaid. Then when I worked for the Federal Government - one of their Agencies - we were paid for a 40 hour week, but we actually worked an 8.5 hour day, or a 42.5 hour week. Again, our 30 minute lunch breaks were unpaid. The key is - are you paid a yearly salary? or are you paid an hourly wage? If you're paid a yearly salary, it really doesn't matter if you get paid for lunch or not, since you get a salary. Since you get paid by the hour, you have to look at it the other way - your boss is deducting that half hour's pay because you didn't work it, right? In actuality, it should never have been recorded in the first place since you did not work it. Your time worked should have been recorded as 37.5 hours, not 40, correct? Okay - bear with me one more minute please - Does your employer - by their putting 40 hours down first - does it give you an advantage or does it disadvantage you? Here's what I'm trying to say - a) by their putting down you worked 40 hours - is more money going into your FICA account? b) by their putting down you worked 40 hours - is more money going toward Federal or State or Local income taxes?? c) by their putting down you worked 40 hours instead of 37.5, is more money being taken out for anything else? Understand what I'm getting at? If you boss if putting 40 down instead of 37.5 - it may in fact provide an advantage to you - OR - it may in fact be a disadvantage to you. Ken Noto Yes they can. Yes, they can. Thats why most employers have you clock out when you go to lunch. Yes. an employer is not required to pay you for your time at lunch. Yes, it is. Most people have to deal with the same thing Of course it is legal, you aren't working while on your lunch break are you? It depends on the employment standards in your area. Your local labor board 'should' have a website where it's stipulations are laid out. However, in general .. yes they can. If you are free to leave the property during your lunch break, then they can choose not to pay you, legally, for that time. If it's mandatory that you remain on the property, then you are normally to be paid at least a minimum wage salary for that time period. But as I said, it depends on the ESA standards in your area. |
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