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lunch break requirements

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carp3417

Junior Member
What is the name of your state?minnesota

My employer says that they are required to provide a 30 minute lunch break and weather I take it or work through it, it will still be deducted from my paycheck. Is this legal? :confused:
 


pattytx

Senior Member
According the the federal Fair Labor Standards Act, you must be paid for all hours worked, even if they are unauthorized. The regulations say that compensable time is "all hours worked". And the hook is that the "employer knew or should have known" you were working.

However, why do you want to buck this sytem? Meal periods are given not only to allow you a chance to eat, but to break up the day and get you away from your desk. The employer can certainly discipline and even fire you if you refuse to adhere to the company work rules. Why take the chance? Just take the lunch period as the company requires.
 

carp3417

Junior Member
Im not trying to buck the system, Im saying that it is mandatory that I take a unpaid lunch break and if I work through that break more than once every two weeks I will not be paid for it. There are many times when I dont take lunch do to deadlines and just the nature of the work. So, if I dont take that break and they know I didnt, I should be paid for this no matter how many times I work through it in 2 weeks.
 

pattytx

Senior Member
Sorry to be short, but then don't work through the meal period. If they refuse to pay you for it when they are legally required to, then don't work it. I know you have deadlines, etc., but bottom line, that is your supervisor's responsibility.

Or, at least, don't work with without your supervisor's prior authorization and make sure your time card is corrected.

Of course, all this is assuming you are a nonexempt employee.
 

cbg

I'm a Northern Girl
What part of mandatory do you not understand?

Yes, if you work through your lunch you should be paid for it. However, if your employer says you must take a lunch break, then you must take a lunch break. You can be disciplined in any way the employer chooses (other than not paying you) up to AND INCLUDING termination for not taking a lunch break when your employer tells you to.
 

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