breaktime deduction

[dontdowell]

breaks. I live in AZ. Everyday I am deducted 1/2 hour for lunch and never get a break. I am a bartender and once the bar opens at 2:00 P.M. I am behind the bar until closing time. There is no one in the restaurant even qualified to tend bar. I don't mind working the eight hours straight, but I do mind being deducted the 1/2 hour. This is the practice with everyone employed there, but most employees do get a break.
Is this legal to automatically deduct the time?

 

[Beth3]

No. You must be paid for all the hours that you work. If you work through breaktime, you must be paid for it.

Sounds like your employer's payroll "defaults" are automatically set up to deduct for break times. That's fine, as long as they override that when someone doesn't take a break and works instead. What I don't know is whether the payroll person or your manager is just "asleep at the switch" and not attending to this when your hours are entered into the system, or whether they're intentionally violating the law.

If you haven't already, I suggest you speak to the manager and explain you are not taking any breaks as you can't step away from the bar but you're still being deducted for break time and (a) you need back pay for the time you've worked and haven't been paid, and (b) something needs to be done so the problem doesn't continue. (Be pleasant about this. The old saying "you can catch more flies with honey..." really is true.) If your employer refuses or fails to remedy this, then contact your State's Department of Labor and file a wage and hour complaint.

 

[Jenni_Pooh2]

Beth is absolutely right. However, I have to add some input, as I have seen similar situations. Be VERY pleasant with your employer when discussing this. Explain that you don't want to be violating the law so that either of you get into trouble. If you end up having to go to the department of labor, I would suggest looking for another job, as employers generally are not too nice after such an action. It may not be fair, but no body ever said life was. Good luck

 

[dontdowell]

This is not only a manager, she owns 10% of the business. I have even written on my time card "no breaks", but nothing was done.

 

[cbg]

If you have notified her of the problem and nothing has been done, then your next step is to file a complaint with the state DOL. It is illegal for her to take any adverse action against you because you have filed such a complaint.

 

[FRISKOBOI]

I know how you feel

I know how you feel when they take of 30mins and you didn't even take a break.
The company i work for never told me until a month ago. If you did not take a break , just put no break and then they will pay you for it. I'm the supervisor at my company and didn't even get that info up front. But always ask questions if you don't know.

But remember they cannot take of 30mins if you didn;t take a break and they know it also.