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Manager taking out breaks I'm never taking

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cman2270

Junior Member
What is the name of your state (only U.S. law) New York

I've been working with the same employer for almost 3 years. First 2 as a dishwasher when I turned 16, now as a cook. I started the cooking part when I turned 18 in August, but I know my employer has been taking breaks out of my pay since I started because I was never able to take them. Mostly because I'm always so busy that I never have time. Not to mention if I ever attempted to take one I would be grabbed my someone inside to get back to my station and continue working because nobody else could work that area. I know I'm not the only person at this place that has this issue. There have been times where I've worked 6 hour shifts nonstop and got my 30 minutes taken out and there have been times where I've worked over 8, sometimes even 12 hour shifts and have gotten over an hour taken out that I should have gotten paid for. Is there any way to get some of this money back?
Thanks,
 
Last edited by a moderator:


cbg

I'm a Northern Girl
NY break laws are probably the most convoluted in the US. I would recommend talking to the NY state DOL.
 

PayrollHRGuy

Senior Member
Not even taking into account, as CBG well described them, convoluted break laws of New York state, the issue of you not being paid for every minute you work is enough for your to contact the NY Department of Labor.

Here are a couple of links for you.

The Collection of Wages page at the NY DOL
https://www.labor.ny.gov/workerprotection/laborstandards/workprot/collwage.shtm

And the wage claim form.
https://www.labor.ny.gov/formsdocs/wp/LS223.pdf
 

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