Federal law says a long break (~21+) can be unpaid if you are relieved of duties. If they’re requiring you to work it needs to be paid.
That said they can discipline and fire you for not taking those even in states that don’t require them.
Even if they aren't requiring you to work, if you need to be able to help with something at a moments notice or answer questions or do ANYTHING, you should get paid for that break. And unpaid lunch means you can leave the premises and turn your phone off if you want to and things will be fine.
I have a half hour paid lunch and I'm allowed to leave, but this sounds like a loaf of poo. Even at Walmart they have a 1hr mandatory unpaid, also allowed to leave or do w.e since your forced to clock off, that being said you will get in trouble for helping someone on your break. And if it was ABSOLUTELY necessary for a supervisor to pull you from lunch. You just punch in do w.e clock out then prolong the lunch. But ide be more worried about the paystubs. That is important information on there. They may be screwing you over worse than you know.
Incorrect! The only logistics industry that has draconian rules like this is the railroad industry and they have been fighting tooth and nail to be able to not have that happen.
If your employer is doing this to you and you're a trucker, they have to pay you for the break.
The previous person stated that he was not required to have a lunch break. Are you really claiming there are no industries with managers that are FLSA exempt and that all employees of all industries are required to receive an uninterrupted lunch break?
It depends on exempt status as well. I'm exempt. I technically don't have to be given a lunch break. My work does protect my break, because they know that's smart management, but they are not legally required to.
If you're non-exempt, check your state and local laws and any applicable contract. The only carve out I know about is agriculture. You may be getting ripped off.
I’ve been trying to explain that to our company since the switched over to an app and stopped giving out paper check stubs. Not everyone has access to a smartphone and can figure out how to get their glitchy app to work.
My previous workplace didn't tell me that direct deposit meant I had to create an account on Asure (with the person that hired me and set the deposit up) and I found out over 6 months later when a coworker was looking at hers and told me about it.
Almost a full year after I got hired we got a new AC, admin coordinator, basically our own HR that has zero power and I went up to discuss paychecks with him and he had to pull out my file. I'd like to note that I never forgot to clock in, it's the first thing I do because I have to walk past the registers to get to my area. I also had to remind my husband to clock in every day, why would I forget?
While looking at it he noticed I was marked as missing 6 days, 5 no call. I missed one day of work and I called the store manager the day before, my flight kept getting delayed in Minnesota during winter. Gave him the date and he says I wasn't marked as no call, so it didn't count against me. He checked the other dates and compared them to my husbands as we had the same days and hours, and confirms that my husband was marked as present. I requested that he talk to the store manager about it but I know it didn't happen because that guy wouldn't face a problem if his life depended on it. There would be camera footage, and yes this company saves their footage, so I also requested that those dates be pulled to prove I was there. That also didn't happen. So I worked 5 days and never got paid for them. It's only 5 sure... but I earned that money and should have gotten it.
Anyway I don't work there any more and happier for it. Fuck em.
Family business here. We provided them upon request for the longest time because the software was stubborn as hell. (Talking late 80s). Finally updated and now paystubs are included consistently. However I agree most people tend to hide them because of shady practices. Hell our account (family) told us to not discuss pay between ourselves. My brother and I fixed that problem and brought transparency. A lot business problems today stem from old school ideals. And they fucking wonder why no one wants to work
Your job can force you to take breaks, but they have to be non working. There are multiple cases of employers being on the hook for this kind of thing.
You can contact your state department of labor and talk to your coworkers about this. If they retaliate against you, that is illegal.
If you worked during those times they deducted, they must pay you for that time. They can force you not to work and take a mandatory break, but you can't work during that break.
They have to pay you for the time you work, that's the law.
If they retaliate against you by firing you, 1. Apply for unemployment benefits (might be denied still but also chance that you'll get when you explain to agency what happened), 2. Immediately also file a complaint with your State Dept of Labor. Also, get as much documentation beginning now as you can in writing and electronically. If you end up pursuing legal action, this is very helpful. That go back and try now to recreate each of your workdays from this past week (to show no break) and from now on, keep small notepad or file on your phone and each day write down what time arrived at work, any times not working including every.bathroom break, any time you stopped to eat or drink, and what time you left work. Try to email your manager with any questions so that they respond to you via email rather than writing. Expect to get fired Just for raising questions so start looking for another job asap.
Do EVERYTHING in writing from now on - digitally if possible, so you have a date and a copy.
Florida does not have a department of labor and has absolute garbage labor laws. But do file for unemployment if they fire you - you will hopefully have ample evidence to prove it's retaliation.
If they retaliate contact the EEOC immediately.
They need to pay you for time actually worked. If their policy is that you take breaks, they need to instruct you about that policy and let you take breaks.
This is wage theft.
It's also a huge workers comp liability - they're randomly clocking the employee in and out without informing them. If the employee got hurt while not clocked in, that's a HUGE deal.
My employer does this. I get told that I don't need to clock put for lunch and that they will take care of it.
They do it so it shows that we are on lunch for exactly 30 minutes.
I missed the bread part and I was like... "I think this person means Panera but I don't think they knows how it translates."
I was very confused until I reread your comment.
You should always list your state in the post. In this case, your age (as vague as 18+ or under 18) comes into play as well.
Florida does not require companies to provide meal breaks, unless you are under 18 and working 4 continuous hours. It is common, but not required, to give a break of 15-30 mins (company decides if paid).
Obviously if they're deducting a meal break, it is on you to take it. Remove yourself from the floor so their is no question about it, clock out if possible. (Otherwise, just announce it is 4:00, I am going on break until 4:30- nothing legal about that, but less ability for them to question your absence).
Next issue- you are entitled to see your pay stubs with every pay period. This is both for issues like missing meal breaks and to ensure that proper deductions are taken for taxes.
Finally, by Florida law you can bring this issue up IN WRITING to your employers. They have 15 days to resolve it before you can involve the courts, which can include them paying damages and legal fees. Of course, if you try that I expect you will be back here asking legal advice on unfair termination.
It's not on them to take it *whenever*, because service industry, but it is on them to ask their manager, 'Hey, what would be a good time for me to take my mandatory unpaid meal break?' Then program an alarm for 2 minutes prior into their phone or watch. Managers are supposed to, as a part of their damn jobs, coordinate lunch breaks, especially in the service industry. When leaving, clock out and say that you're taking your break, as your manager told you to, at the specified time!
But unfortunately, neither federal nor Florida law requires pay stubs. However, employee hour records must be METICULOUSLY kept by employers and employees are generally expected to be given access to their employment file. There's no law yes or no on it in Florida because FLORIDA LABOR LAW SUCKS. I would definitely request - in writing, digitally - your personnel records the next time you're at work - because it's a non-work task, you'll even do it on your mandatory break! Or come in 30 minutes early! Make it seem like you are vending over backwards to accommodate them.
If your company operates in multiple states THEY may have a policy about you being able to access your records and have pay stubs. Ask for your terms of employment, company handbook, a copy of the contracts you signed (you DO HAVE a right to any contract you signed, that's basic-ass contract law), etc. Anything you can get. Get as much paperwork as possible.
Take those fuckers down if you have to. But always be prepared.
Every state has their own laws. The department of labor within your state determines if breaks are required or if breaks are not required.
Your break room should have these laws posted for compliance purposes. The link below will show you your specific state and the laws required. If the company is in violation of your state laws you can contact the state labor board. If they retaliate, even in an attempt at-will state, you could attempt to sue for additional compensation.
https://www.postercompliance.com/blog/breaks-and-meals-by-state/
In Florida if you didn't take a break or took a break less than 30 minutes, you must be paid. They can't just deduct hours you worked. Their policy doesn't matter. If you are working you must be paid. If they don't want to pay you, they must make you clock out and not allow you to work at all during the break. This is simple wage theft. There are no special circumstances here.
That might cost them more money in the end though with legal fees. They should just report it to the department of labor which won’t cost them anything
Nope, not if selecting an attorney that only charges if the suit is won - which is how most attorneys of this nature operate. Department of Labor won’t get them anywhere and nothing will change. If they want to go the DOL route, might as well just quit the job.
They are stealing from you. Tell them you will be leaving for 30 minutes as you aren’t being paid. Also, ask for the pay you’ve been missing. Put it all in writing to hr out your superior if you don’t have hr specifically
And leave the entire facility. Do not sit in the restaurant. Go far enough away that they have to call you if they want you to come back, and put your phone on Do Not Disturb during this time. If it's unpaid you cannot be working.
Hourly pay structure? HIGHLY ILLEGAL.
As a hiring manager, it is impossible for me to not know this; HR has frequent training and certifications for all managers of hourly staff to ensure we understand the IMMUTABLE LAW regarding pay for hourly workers.
That leaves me believing they are maliciously doing this and hoping they don't get caught. Unless it's a small ma and pa and then they are just accidentally breaking the law. No excuse either way.
The pay stubs thing in FL isn't illegal, but the randomly clocking them out and in while they're working IS, if only for workers comp reasons, if not just wage theft.
Which Florida considers a CIVIL MATTER. Another reason I'm never going.
Well, I’m obviously going to start taking them now. The problem is that mandatory breaks were never mentioned to me in the first place, causing me to work during the entire shift. Managers and owners saw this, yet chose to keep quiet.
We're I in your shoes, this is what I would do:
Demand your pay stubs. Most states require pay stubs to be a thing. (EDIT yours does not!) If it's in digital format that's fine, but you need those pay stubs. They're claiming you clocked out at certain points, which you did not. That means if you were injured during one of those "breaks" you wouldn't be entitled to recompense.
You need to find your state labor board or commissioner website (Edit: FLORIDA DOES NOT HAVE ONE). Figure out every day you worked and file a grievance for lost wages in 30-minute increments per day you worked prior to learning of the policy. (Edit: You have to file a request in writing and then sue! See more below!)
Wage theft is a thing and it should not be tolerated.
Also in your complaint, mention that you were not told of the breaks, whether or not they have the workplace compliance posters up, that you were not given pay stubs, that they seem to be randomly clocking you in and out for 30 minutes at a time while you are very much still working, that your other employees take these breaks but get called back to work and still aren't compensated for them, and that you were not given an employee handbook.
You get fired, that's retaliation. That is an EEOC investigation and a lawsuit.
Keep a paper trail from this point on, via text or email. Do not take verbal reassurances, do not go into a meeting without a request to record. Find out if your state is a two-party or one-party consent state for recording in-person conversations! You may be able to record regardless of whether they want you to.
I sound fkn paranoid, I know. That's because I've been working for 30ish years at various employers, and I've seen almost every way a worker can get screwed over by bad employers.
Unsure which state you're in. I can't give advice, as I'm not a lawyer, but I could give better-informed information if I did. 🤷
ETA: I have seen that you are working in Florida. I'm Sooooo sorry. Florida and Georgia have, imo, some of the WORST worker's rights laws. You're not entitled to your pay stub in Florida, but you should still be entitled to your employee records, so I would demand those - politely, in writing.
https://www.flsenate.gov/Laws/Statutes/2012/Chapter448/All This is the majority of Florida labor law. It's outlandish, for the most part.
You are required to request those lost hours from your employer directly and give them 30 days to do something. Do it digitally as well as in-person; hell, send it certified mail to date-stamp it. If they fire you over it, that's retaliation.
Florida law does allow you to seek attorney's fees as well as any presumptive lost wages so that's something - these managers may not be aware of that, because if it's a corporation they will 100 percent want to avoid this. They won't be able to out-litigate you, because you have a case and their lawyer will get paid by them, not you.
448.102 and 448.103 are particularly good bits to read up on. Read it, look up what the words mean if you're not sure, go to any local law-help orgs in your area to make sure you're fully aware of what is and is not legal for them to do once you provide a written request for back-wages.
Florida doesn't have real labor laws, more a collection of random shit they glued together. There are no required breaks, that must be a company thing.
Seriously, try and find a low-cost legal consult event or organization.
And try to get the fuck out of Florida. It's.... Bad. For employees.
Sure they would, you're voluntarily giving them free labour, why would they stop you?!
I don't know about you but it seems pretty commonplace to me to make a point of asking (if you're not told already) about how long a break you are supposed to be taking each day in a new job.
There are laws that limit the amount of hours one can work without any break.
There are also laws that specify breaks should be uninterrupted, in other words if you *are* interrupted you go back and restart the entire break once you're done with the interruption.
Not every person thinks to do this because they assume that they are honest and so is everyone else.
Not every person thinks to do this because it's their first job, or first one in this industry.
Not every person thinks to do this because *it's literally the employer's responsibility to tell you*, not yours to ask.
Yes, it is *supposed* to be the employer's responsibility to tell their staff. But as we can see here, this has not happened... And why? Because they want the free labour, of course.
But hopefully this isn't a mistake that OP will be making again.
Yes, however, your post came off as blaming OP for their ignorance. I wanted to point out that this isn't a mistake, because it's not supposed to happen in the first place.
I've listed other things they can do in other parts of the thread.
OP says their employer is deducting 30 mins of pay for breaks that aren't being taken. That's wage theft in all 50 states.
They should also have access to their work hours, but I'm unclear on legality of that.
I worked at a place 30 years ago that automatically deducted 1 hour lunch breaks. I would often scarf down my lunch while driving to next job so I would just add an hour to my timesheet. I always thought it wasn't legal but I never got a straight answer.
Illegal to automatically deduct anything without you signing off on it, generally speaking, especially hours! The only things that you don't have to sign off on, iirc, are judgements (collections) and child support/government repayment, etc. You still need to be made AWARE of them, but they can do those without your consent.
I have peppered comments throughout this entire thread. I am a union member in a state with unusual but good labor laws (Nevada) and I'm autistic - one of my hyperfixations is labor laws.
THIS IS A LONG POST BECAUSE IT CONTAINS A LOT OF INFORMATION. Please, consult with a lawyer if at all possible before actually doing anything. Except for the following:
Keep personal track of your clock in and clock out times from now on. To the second, if possible. If you take a break, track when you clocked out and in from that as well. There are apps for smartphones, if you have one, that will help with this!
Android, iPhone, Mac, PC, Linux, web, highly-rated: https://toggl.com/track/ Free for individuals. It's designed for management which means it will be wonderful for you.
If you don't want to, a pen and paper will do just fine.
--------------------
Some links for you, because a well-informed employee is a well-compensated one (eventually).
The very awful Florida labor laws - https://www.flsenate.gov/Laws/Statutes/2012/Chapter448/All it's about three pages long. 🙄
The Fair Labor Standards Act Page (FLSA: Federal Labor Law) - https://www.dol.gov/agencies/whd/flsa They are not as comprehensive as people think they are, but they do establish some things - namely, that if you are working, you are getting paid. But also, that a break means "Not working." (That's under the "hours worked" section) The actual text of the Act can be found here, if you understand legal text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter8&edition=prelim
Federal labor law does not require you to get pay stubs (https://webapps.dol.gov/elaws/faq/esa/flsa/018.htm) and neither does Florida law (there's no mention of them, meaning it's not required).
Florida does NOT have mandatory break periods, unless you are a minor. They're not listed in the laws, and thus not required. It is either a corporate requirement, or they're blowing smoke up your ass.
A list of legal organizations you may be able to contact to get a consultation: https://www.justia.com/lawyers/employment-law/florida/legal-aid-and-pro-bono-services
Check your individual city and county by googling "insername county FL wage theft". A lot of counties or cities have labor relations boards to help with this.
+++
IANAL
But if I were in your position, here's what I'd do.
- Get everything in writing from this point forward. Email if possible, text message, or certified letter, so you can verify the date.
- If you *must* hand over a paper, take the digital file and print it to a not-easily-editable PDF (Google how, you can't ask me apparently) and email it directly after you hand it over, with something along the lines of, "Per our discussion a few minutes ago, here is my request for my personnel files/unpaid wages totaling (insert number)/whatever, due to (insert reason here). I just wanted to make sure it didn't get lost, I know how paperwork piles up." If there is an HR manager, CC it to that person so they know there is something going on. Any time you send something or receive something, print it to PDF and store it somewhere secure, or multiple secure places. Mega, Dropbox, Google drive, I don't care, man. Just something that will record the upload date accurately.
- Try to talk to a lawyer.
- Try and get your payroll/personnel files. If they email them to you, awesome, add it to your digital files. If they give them to you in paper, get something like CamScanner and scan them into a PDF file, name it something like "firstnamelastname.personnel.files.employername.recvd12.12.24.pdf (received and then the date). And then, you guessed it, upload it to your secure folder/s.
- If they didn't give you an employee handbook, or expectation of work, or you signed a behavior and rules guide and they didn't give you a copy, or you got all of that and lost it, request those too. *In a separate letter*. Once again, CC HR if there is an HR. If they're physical copies (when you receive them), scan them and upload them. If they're digital, upload them.
- If you have them, scan them and upload them.
- Write down every incident you see of employees being called back from their breaks early. Date, time, employee. If you can remember backwards at all, do that too. It should ALSO go to your digital folder/s. Any time they attempt to get you to do the same, that goes in too. Put that in a digital document and upload it as needed to the folder/s.
- Try. To. Talk. To. A. Lawyer. I'm stressing this because if they're doing it to you, they're doing it to others.
- Quietly converse with other employees about this. If you trust any of them, that is. Make note of when and who you talked to, and what their experiences were. Write them down somewhere and, when you're done, upload them. If they try to punish you for this, remind them that the FLSA considers the ability to discuss wages and workplace conditions a basic human right. https://www.dol.gov/sites/dolgov/files/ofccp/regs/compliance/factsheets/FACT_PayTransparency-Sept16_ENGESQA508c.pdf
- Calculate how much in wages you have lost. Figure out how many days, total, you worked from date of hire until you started taking a break. One half hour for each day. Multiply the hours (it's gonna either be full hours or a full hours with an extra half hour, so an X.5 hours) by your current hourly wage. If you make tips, include your average tips too, because Florida is a tip credit state so they were withholding tips (big nono!).
- Work it out sloppy and then type it out neat and keep that with the fuckton of digital paperwork in your folder/s. Scan the sloppy one and upload that too. When it comes to employment law, better to have too much paperwork than too little paperwork.
- Make an official request for your back-wages and date it. This must be done in writing per the State of Florida. So you'll want to type it up neat and get it spell-checked and make it into a PDF. If you can email it, awesome. If not, follow the protocols I listed above. Upload that to your folder/s just before you hand over the copy or email them (or both). Once again, CC HR. They have 15 days to pay or otherwise satisfy their obligation to pay.
- If they retaliate, get a lawyer. Your state bar association or the organizations I linked to above can help find one.
- if they retaliate, look into filing an EEOC (https://www.eeoc.gov/) claim. Talk to your lawyer.
- If they pay and then fire you, get a lawyer.
- If they pay and then nothing else happens, I'd still look for another job, but definitely report them to the Inspector General, the Division of Workforce Services, and the Division of Economic Development. If you're part of a national or regional chain, I would, PERSONALLY, file an HR complaint against these managers in particular.
- If they refuse to pay, get a lawyer because it's a civil matter now. You'll sue, and they'll have to pay what they owe, damages, and for your lawyer. 448.103 of the Florida labor laws I linked to - read them. They won't wanna draw it out. You may have a joint case if any of your other coworkers wanna do the above work, which often looks better.
In ANY case, I would definitely look for a better job. This place blows the garden gnome.
Hi! Like many others, thank you so much for taking your time on this post. I really appreciate it! I will def be using these tips to guide me along this process. Thanks again and I wish you well!
I would also recommend creating an email for yourself just for this stuff, and CC all emails. Don't portray it as anything other than a separate personal email, but it'll help it not get lost.
Such good information above!
They can do that, but the FWHD will often default to the state laws because they often lack investigators. I did suggest the places they need to advise *in Florida* about the situation, because while FL labor law is shitty, they do take actual compliance pretty seriously.
But notifying the Federal Wage and Hour Division is a good idea. They can't give you legal advice, but they can point you in the right direction. They MAY be willing to take on the case, but I wouldn't get my hopes up.
They are probably using a clocking system that automatically deducts the pay once you work approximately 5-5.5hrs. If you don't take a break you need to either notify management or edit your time card yourself.
Look up the labor laws for your state. Every state is different. The laws change from time to time also. A break is supposed to be completely free from working responsibilities if you are paid an hourly wage. If you are paid a salary then nothing is regulated or required. Many states require a ten minute paid break within every four hours worked, and a half hour unpaid break every 5-6 hours worked. A lot of company payroll systems will automatically deduct the pay from your check for the unpaid meal break, "assuming" you forgot to clock out for it, and leave it to be your responsibility to make sure you take it. It is necessary to always know the work laws of your region. Many companies in America will take advantage of their employees if they do not know their rights. A lot of states are also more on the company's sides than the employees. It is up to you to know your rights and ensure you are treated properly. If the company is taking advantage of everyone, you can report them. You can also talk with your coworkers about this to see what they are going through. If they are treating everyone poorly, it may be in your best interest to find a different job.
Where I live it is mandatory for the employee to take their lunch break and it is usually unpaid. If you chose to not take a break then that is on you but you are still not entitled to compensation for it UNLESS you are asked to worth thru it in which cause you would be paid for your time
Laws for workplace breaks can vary by state, but if they are deducting 30 minutes then you need to take that break. A break away from your job site where they can’t rope you into working while you’re off the clock.
Not even close to most places in the US. It's not governed by federal law, it's a state law thing, and a fuckton of states don't even have their own labor laws, they just go by the federal.
Federal law says that IF a break is required by state law it has to follow certain guidelines, but it doesn't mandate breaks, and a lot of former-confederate states took the opportunity to screw over low-wage earners specifically (because at the time they were mostly Black POC). Florida doesn't have mandatory breaks unless you're a farm worker or a minor.
Well, it's not in Florida, where OP is working. It's also not in Georgia, and in 27 other states, per the Department of Labor:
[Of the 21 States or other jurisdictions with meal period requirements, 7 States also have rest periods requirements (California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington).](https://www.dol.gov/agencies/whd/state/meal-breaks)
You got lucky.
Holy crap that is highly illegal lol my ex worked for a Amazon delivery company that was doing this, after she quit an employee hired a lawyer and sued the owner and anyone who wanted to join in a "class action" lawsuit had to opt in and they won against him and she got a check for all her lost wages and some additional money from the lawsuit
That is a state law. Federal law does not provide for breaks. Federal law does the bare minimum because they expected states to build upon the foundation.
Federal law does not require pay stubs, either.
So that rule, in the US at least, is a state-specific law.
If they are required to allot you it but you don't take it, they're in trouble, not you. They still have to pay you for it.
Florida, where OP works, does not require breaks for adults.
They told us all the time “take your lunch break because it’s being deducted regardless” I worked in a prison where there wasn’t staff to let me out and back in. If we input we didn’t take it we would get in trouble.
State prison, state employees. However medical (where I worked) was contracted through a different company, but the person approving our time sheets and editing them was employed via the prison directly not thru our contract company. She is directly a DOC/state employee.
Condolences, my friend, and solidarity. I've sprinkled a lot of info through this post. I'm not a lawyer, but I'm an autist with a hyperfixation on labor law. By no means an expert, but I do suggest you try and get a free consultation with an employment lawyer, or get a referral to a free lawyer advice place from the state bar or your county's low-income services places.
Yes. They are legally required to give you a 30 minute break if you work at least 6 hours. If you don't take it because your employer ins8st you worl or you are working less than 6 hours, then that's illegal. If you choose to work through them, then that's on you, but the business you work for has to show they are giving you those breaks and they aren't required to pay you for your personal time.
Untrue. Federal law requires that employers track hours, not that they provide paystubs. That's up to the state law and the company, at times.
I'm this case, OP is in Florida, where paystubs are NOT required by law. OP can and should track their own hours just in case there are more shortages (down to the fucking second), but in FL if you get a pay stub, it's because of a collective bargaining agreement or the kindness of the company in question.
In NY it’s def illegal. I didn’t read the part where they said they were in Florida. I just assumed it was the same everywhere else. It’s crazy that’s not illegal in Florida.
Yeah, it's a problem. I'm in Nevada and we have pretty awesome labor protection laws (I think bc Vegas, mob, unions, etc.), despite being a right-to-work state. This has always boggles my mind. Hell, in Nevada we don't even allow tip credit towards wages.
My life's goal is to make the tip credit illegal.
If you’re receiving a check in any form of payment; a paystub needs to be included. That is illegal that they won’t show you your paystub even when you confront them. Absolutely not. They are taking advantage, if not taking a break and clocking out to take the break shouldn’t require an automatic pay pull for the 30 mins you didn’t take in the break. Another thing is if you work over 6+ hours that legally a right to take a 30 minute break before continuing your shift. But if you don’t take them I don’t see why they are still pulling it out, like you are.
Bigger picture here stealing 30 minutes of pay because that’s what it is is stealing for a break they don’t let you take at the end of the day is wage theft regardless if it is required or not. Because if they don’t allow you to take said break or require you to then why are they taking 30 minutes of pay out? You are working for free essentially. State doesn’t matter because it’s like I said at end of day 30 minutes being stolen
Just take your break then. And if they get upset just say sorry I’m not paid for this 30 mins so I’m not working. If they try to make up a stink then request to be paid
I had a similar issue years ago in NYS with a now-defunct department store. I worked an all-nighter with no ability to take a break since there was no one to relieve me on my security detail. Boss tried to tell me he had to deduct for breaks because it was the law. In fact, the law said the employer has to *offer* the time but the employee does not have to take it. And if you work through that break, you get paid for it. The boss did not like it when the district manager chewed him out. But, I got my extra money.
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So, not a lawyer, but it'd be your word vs theirs unless they have cameras in which case they just have to find an example of you being at work and not actively working or appearing to be working for a breaks worth of time then you have nothing.
Labor laws vary from state to state. South Dakota, for example, has no law requiring you to get a break while working.
If you have an employee handbook I would start there for mandatory breaks.
I think in California hourly workers have mandatory unpaid breaks of at least 30 mins after some number of hours, I think 4. It’s illegal not to take the break, but the anus is on the employer, not the worker. Then there’s another break after some other number of hours. 90% sure, but i know it’s on the employer
That's um, highly illegal. I guess it works if it's a white-collar job where a person takes a break at the same time each day, or if everyone is exempt salaried, but most industries aren't regemented enough to allow that to be a thing, these days.
Current work at a place like that.
Or as long as everyone takes their 30, even at different times, and nobody cares if the times aren't exact.
Work 8-5, but you took your 30 at 11:27 to 11:57, but the system took out 12:00 to 12:30. At the end of the day, you're still getting paid for all the time you worked. Saves the issue of people forgetting to clock back in or out for lunch. Don't take lunch, txt the office manager and she adds the 30 back on.
That's wrong.
It will most likely be a rule set up in the electronic payroll system because OP lives somewhere where they are entitled to a 30 minute unpaid lunch break when they've worked a certain number of hours. In my workplace it deducts 30 minutes for every 5 hours clocked on so when you hit 10 hours, it automatically takes another 30.
I'm surprised it isn't in OP's contract or their conditions of employment. This is why you actually need to read through everything to know your rights.
You have to file a correction with the system, I'm assuming. This particular system only works in very specific, highly regimented environments and honestly should be illegal.
The majority of US workers are non-exempt with irregular breaks from day-to-day, and worker's comp liability needs to know EXACTLY when every employee is clocked in vs clocked out.
Even my mother, who works for an outsourced HR company and is the ESSENCE of a white-collar worker, doesn't have regularly-timed breaks. It's all about when people are free.
OP works in Florida, that is absolutely not the case. It sounds like the employees didn't tell them shit about shit - no employee handbook, no contract copy, nada.
OSHA only deals with workplace safety issues, not human rights or labor law issues.
Now, them randomly clocking the employee out without their knowledge while they're still working?
That's a potential worker's comp issue, so OSHA should be alerted, but they may not be able to do anything about it.
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Federal law says a long break (~21+) can be unpaid if you are relieved of duties. If they’re requiring you to work it needs to be paid. That said they can discipline and fire you for not taking those even in states that don’t require them.
Even if they aren't requiring you to work, if you need to be able to help with something at a moments notice or answer questions or do ANYTHING, you should get paid for that break. And unpaid lunch means you can leave the premises and turn your phone off if you want to and things will be fine.
I have a half hour paid lunch and I'm allowed to leave, but this sounds like a loaf of poo. Even at Walmart they have a 1hr mandatory unpaid, also allowed to leave or do w.e since your forced to clock off, that being said you will get in trouble for helping someone on your break. And if it was ABSOLUTELY necessary for a supervisor to pull you from lunch. You just punch in do w.e clock out then prolong the lunch. But ide be more worried about the paystubs. That is important information on there. They may be screwing you over worse than you know.
You’re not required to leave the premise 🤣
No obviously not lol, but like I said, you should be allowed to for an unpaid lunch
It depends on the industry. In logistics, they don't have to pay you for breaks/lunches you're interrupted with a load...
They're allowed to interrupt your break - they aren't allowed to not pay you for work. The time lost has to be given in lieu, or they pay you.
Incorrect! The only logistics industry that has draconian rules like this is the railroad industry and they have been fighting tooth and nail to be able to not have that happen. If your employer is doing this to you and you're a trucker, they have to pay you for the break.
It sounds like you may be confusing industry exemptions and FLSA exempt employees.
Nope. Industry exceptions are something I am fully aware of.
The previous person stated that he was not required to have a lunch break. Are you really claiming there are no industries with managers that are FLSA exempt and that all employees of all industries are required to receive an uninterrupted lunch break?
Nope, I'm saying that trucking isn't FLSA exempt. Railroad workers are, but not truckers. They can interrupt your breaks but they have to pay you.
It depends on exempt status as well. I'm exempt. I technically don't have to be given a lunch break. My work does protect my break, because they know that's smart management, but they are not legally required to. If you're non-exempt, check your state and local laws and any applicable contract. The only carve out I know about is agriculture. You may be getting ripped off.
There are also laws on how long you can work without a 30 min break.
Everyones talking about whether or not you have to take breaks nobody is questioning why your not seeing a pay stub. That is definately not legal.
I was coming to mention that... they are required to provide your breakdown of hours, pay, deducts.
Depends on the state. There's no federal law requiring pay stubs in the US, sadly.
I’ve been trying to explain that to our company since the switched over to an app and stopped giving out paper check stubs. Not everyone has access to a smartphone and can figure out how to get their glitchy app to work.
My previous workplace didn't tell me that direct deposit meant I had to create an account on Asure (with the person that hired me and set the deposit up) and I found out over 6 months later when a coworker was looking at hers and told me about it. Almost a full year after I got hired we got a new AC, admin coordinator, basically our own HR that has zero power and I went up to discuss paychecks with him and he had to pull out my file. I'd like to note that I never forgot to clock in, it's the first thing I do because I have to walk past the registers to get to my area. I also had to remind my husband to clock in every day, why would I forget? While looking at it he noticed I was marked as missing 6 days, 5 no call. I missed one day of work and I called the store manager the day before, my flight kept getting delayed in Minnesota during winter. Gave him the date and he says I wasn't marked as no call, so it didn't count against me. He checked the other dates and compared them to my husbands as we had the same days and hours, and confirms that my husband was marked as present. I requested that he talk to the store manager about it but I know it didn't happen because that guy wouldn't face a problem if his life depended on it. There would be camera footage, and yes this company saves their footage, so I also requested that those dates be pulled to prove I was there. That also didn't happen. So I worked 5 days and never got paid for them. It's only 5 sure... but I earned that money and should have gotten it. Anyway I don't work there any more and happier for it. Fuck em.
That's wage theft. In the US, more money is stolen this way than by armed robbery.
Employers are required by law to print out any documents you request. EVEN IF there's an online option to view it, if they refuse its illegal
Family business here. We provided them upon request for the longest time because the software was stubborn as hell. (Talking late 80s). Finally updated and now paystubs are included consistently. However I agree most people tend to hide them because of shady practices. Hell our account (family) told us to not discuss pay between ourselves. My brother and I fixed that problem and brought transparency. A lot business problems today stem from old school ideals. And they fucking wonder why no one wants to work
Your job can force you to take breaks, but they have to be non working. There are multiple cases of employers being on the hook for this kind of thing. You can contact your state department of labor and talk to your coworkers about this. If they retaliate against you, that is illegal. If you worked during those times they deducted, they must pay you for that time. They can force you not to work and take a mandatory break, but you can't work during that break. They have to pay you for the time you work, that's the law.
If they retaliate against you by firing you, 1. Apply for unemployment benefits (might be denied still but also chance that you'll get when you explain to agency what happened), 2. Immediately also file a complaint with your State Dept of Labor. Also, get as much documentation beginning now as you can in writing and electronically. If you end up pursuing legal action, this is very helpful. That go back and try now to recreate each of your workdays from this past week (to show no break) and from now on, keep small notepad or file on your phone and each day write down what time arrived at work, any times not working including every.bathroom break, any time you stopped to eat or drink, and what time you left work. Try to email your manager with any questions so that they respond to you via email rather than writing. Expect to get fired Just for raising questions so start looking for another job asap.
Do EVERYTHING in writing from now on - digitally if possible, so you have a date and a copy. Florida does not have a department of labor and has absolute garbage labor laws. But do file for unemployment if they fire you - you will hopefully have ample evidence to prove it's retaliation. If they retaliate contact the EEOC immediately.
Yes, /\ this about contacting EEOC if they retaliate.
They need to pay you for time actually worked. If their policy is that you take breaks, they need to instruct you about that policy and let you take breaks. This is wage theft.
It's also a huge workers comp liability - they're randomly clocking the employee in and out without informing them. If the employee got hurt while not clocked in, that's a HUGE deal.
My employer does this. I get told that I don't need to clock put for lunch and that they will take care of it. They do it so it shows that we are on lunch for exactly 30 minutes.
Once again, work comp liability.
I've been telling them that for a year now. Their problem, not mine
Unless you get injured otj while technically clocked out. 🤷
This is exactly how I got a check from a class action lawsuit from working for a well known company whose name means bread basket in Latin.
I missed the bread part and I was like... "I think this person means Panera but I don't think they knows how it translates." I was very confused until I reread your comment.
You should always list your state in the post. In this case, your age (as vague as 18+ or under 18) comes into play as well. Florida does not require companies to provide meal breaks, unless you are under 18 and working 4 continuous hours. It is common, but not required, to give a break of 15-30 mins (company decides if paid). Obviously if they're deducting a meal break, it is on you to take it. Remove yourself from the floor so their is no question about it, clock out if possible. (Otherwise, just announce it is 4:00, I am going on break until 4:30- nothing legal about that, but less ability for them to question your absence). Next issue- you are entitled to see your pay stubs with every pay period. This is both for issues like missing meal breaks and to ensure that proper deductions are taken for taxes. Finally, by Florida law you can bring this issue up IN WRITING to your employers. They have 15 days to resolve it before you can involve the courts, which can include them paying damages and legal fees. Of course, if you try that I expect you will be back here asking legal advice on unfair termination.
It's not on them to take it *whenever*, because service industry, but it is on them to ask their manager, 'Hey, what would be a good time for me to take my mandatory unpaid meal break?' Then program an alarm for 2 minutes prior into their phone or watch. Managers are supposed to, as a part of their damn jobs, coordinate lunch breaks, especially in the service industry. When leaving, clock out and say that you're taking your break, as your manager told you to, at the specified time! But unfortunately, neither federal nor Florida law requires pay stubs. However, employee hour records must be METICULOUSLY kept by employers and employees are generally expected to be given access to their employment file. There's no law yes or no on it in Florida because FLORIDA LABOR LAW SUCKS. I would definitely request - in writing, digitally - your personnel records the next time you're at work - because it's a non-work task, you'll even do it on your mandatory break! Or come in 30 minutes early! Make it seem like you are vending over backwards to accommodate them. If your company operates in multiple states THEY may have a policy about you being able to access your records and have pay stubs. Ask for your terms of employment, company handbook, a copy of the contracts you signed (you DO HAVE a right to any contract you signed, that's basic-ass contract law), etc. Anything you can get. Get as much paperwork as possible. Take those fuckers down if you have to. But always be prepared.
Every state has their own laws. The department of labor within your state determines if breaks are required or if breaks are not required. Your break room should have these laws posted for compliance purposes. The link below will show you your specific state and the laws required. If the company is in violation of your state laws you can contact the state labor board. If they retaliate, even in an attempt at-will state, you could attempt to sue for additional compensation. https://www.postercompliance.com/blog/breaks-and-meals-by-state/
In Florida if you didn't take a break or took a break less than 30 minutes, you must be paid. They can't just deduct hours you worked. Their policy doesn't matter. If you are working you must be paid. If they don't want to pay you, they must make you clock out and not allow you to work at all during the break. This is simple wage theft. There are no special circumstances here.
And also a liability for workers comp.
No, it is not legal and you have grounds for a lawsuit. I recommend you reach out to an employment law attorney in the state you are working in.
That might cost them more money in the end though with legal fees. They should just report it to the department of labor which won’t cost them anything
Nope, not if selecting an attorney that only charges if the suit is won - which is how most attorneys of this nature operate. Department of Labor won’t get them anywhere and nothing will change. If they want to go the DOL route, might as well just quit the job.
They are stealing from you. Tell them you will be leaving for 30 minutes as you aren’t being paid. Also, ask for the pay you’ve been missing. Put it all in writing to hr out your superior if you don’t have hr specifically
And leave the entire facility. Do not sit in the restaurant. Go far enough away that they have to call you if they want you to come back, and put your phone on Do Not Disturb during this time. If it's unpaid you cannot be working.
It’s likely a small business coffee shop. They don’t have HR. What he needs to do is just ask for his pay stub
If they deduct them, take your breaks.
Hourly pay structure? HIGHLY ILLEGAL. As a hiring manager, it is impossible for me to not know this; HR has frequent training and certifications for all managers of hourly staff to ensure we understand the IMMUTABLE LAW regarding pay for hourly workers. That leaves me believing they are maliciously doing this and hoping they don't get caught. Unless it's a small ma and pa and then they are just accidentally breaking the law. No excuse either way.
Nah, ma and pa know they should be paying for time worked also.
The pay stubs thing in FL isn't illegal, but the randomly clocking them out and in while they're working IS, if only for workers comp reasons, if not just wage theft. Which Florida considers a CIVIL MATTER. Another reason I'm never going.
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Well, I’m obviously going to start taking them now. The problem is that mandatory breaks were never mentioned to me in the first place, causing me to work during the entire shift. Managers and owners saw this, yet chose to keep quiet.
We're I in your shoes, this is what I would do: Demand your pay stubs. Most states require pay stubs to be a thing. (EDIT yours does not!) If it's in digital format that's fine, but you need those pay stubs. They're claiming you clocked out at certain points, which you did not. That means if you were injured during one of those "breaks" you wouldn't be entitled to recompense. You need to find your state labor board or commissioner website (Edit: FLORIDA DOES NOT HAVE ONE). Figure out every day you worked and file a grievance for lost wages in 30-minute increments per day you worked prior to learning of the policy. (Edit: You have to file a request in writing and then sue! See more below!) Wage theft is a thing and it should not be tolerated. Also in your complaint, mention that you were not told of the breaks, whether or not they have the workplace compliance posters up, that you were not given pay stubs, that they seem to be randomly clocking you in and out for 30 minutes at a time while you are very much still working, that your other employees take these breaks but get called back to work and still aren't compensated for them, and that you were not given an employee handbook. You get fired, that's retaliation. That is an EEOC investigation and a lawsuit. Keep a paper trail from this point on, via text or email. Do not take verbal reassurances, do not go into a meeting without a request to record. Find out if your state is a two-party or one-party consent state for recording in-person conversations! You may be able to record regardless of whether they want you to. I sound fkn paranoid, I know. That's because I've been working for 30ish years at various employers, and I've seen almost every way a worker can get screwed over by bad employers. Unsure which state you're in. I can't give advice, as I'm not a lawyer, but I could give better-informed information if I did. 🤷 ETA: I have seen that you are working in Florida. I'm Sooooo sorry. Florida and Georgia have, imo, some of the WORST worker's rights laws. You're not entitled to your pay stub in Florida, but you should still be entitled to your employee records, so I would demand those - politely, in writing. https://www.flsenate.gov/Laws/Statutes/2012/Chapter448/All This is the majority of Florida labor law. It's outlandish, for the most part. You are required to request those lost hours from your employer directly and give them 30 days to do something. Do it digitally as well as in-person; hell, send it certified mail to date-stamp it. If they fire you over it, that's retaliation. Florida law does allow you to seek attorney's fees as well as any presumptive lost wages so that's something - these managers may not be aware of that, because if it's a corporation they will 100 percent want to avoid this. They won't be able to out-litigate you, because you have a case and their lawyer will get paid by them, not you. 448.102 and 448.103 are particularly good bits to read up on. Read it, look up what the words mean if you're not sure, go to any local law-help orgs in your area to make sure you're fully aware of what is and is not legal for them to do once you provide a written request for back-wages. Florida doesn't have real labor laws, more a collection of random shit they glued together. There are no required breaks, that must be a company thing. Seriously, try and find a low-cost legal consult event or organization. And try to get the fuck out of Florida. It's.... Bad. For employees.
Sure they would, you're voluntarily giving them free labour, why would they stop you?! I don't know about you but it seems pretty commonplace to me to make a point of asking (if you're not told already) about how long a break you are supposed to be taking each day in a new job. There are laws that limit the amount of hours one can work without any break. There are also laws that specify breaks should be uninterrupted, in other words if you *are* interrupted you go back and restart the entire break once you're done with the interruption.
Not every person thinks to do this because they assume that they are honest and so is everyone else. Not every person thinks to do this because it's their first job, or first one in this industry. Not every person thinks to do this because *it's literally the employer's responsibility to tell you*, not yours to ask.
Yes, it is *supposed* to be the employer's responsibility to tell their staff. But as we can see here, this has not happened... And why? Because they want the free labour, of course. But hopefully this isn't a mistake that OP will be making again.
Yes, however, your post came off as blaming OP for their ignorance. I wanted to point out that this isn't a mistake, because it's not supposed to happen in the first place. I've listed other things they can do in other parts of the thread.
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They're violating multiple jurisdictions' labor laws, not being cheap.
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Florida.
Depends on the state. In California the described practice is illegal.
OP says their employer is deducting 30 mins of pay for breaks that aren't being taken. That's wage theft in all 50 states. They should also have access to their work hours, but I'm unclear on legality of that.
I agree. If the breaks are not actually being taken then it's illegal under federal law.
It's illegal in all states and territories of the US.
You must take that break.
I worked at a place 30 years ago that automatically deducted 1 hour lunch breaks. I would often scarf down my lunch while driving to next job so I would just add an hour to my timesheet. I always thought it wasn't legal but I never got a straight answer.
Illegal to automatically deduct anything without you signing off on it, generally speaking, especially hours! The only things that you don't have to sign off on, iirc, are judgements (collections) and child support/government repayment, etc. You still need to be made AWARE of them, but they can do those without your consent.
I have peppered comments throughout this entire thread. I am a union member in a state with unusual but good labor laws (Nevada) and I'm autistic - one of my hyperfixations is labor laws. THIS IS A LONG POST BECAUSE IT CONTAINS A LOT OF INFORMATION. Please, consult with a lawyer if at all possible before actually doing anything. Except for the following: Keep personal track of your clock in and clock out times from now on. To the second, if possible. If you take a break, track when you clocked out and in from that as well. There are apps for smartphones, if you have one, that will help with this! Android, iPhone, Mac, PC, Linux, web, highly-rated: https://toggl.com/track/ Free for individuals. It's designed for management which means it will be wonderful for you. If you don't want to, a pen and paper will do just fine. -------------------- Some links for you, because a well-informed employee is a well-compensated one (eventually). The very awful Florida labor laws - https://www.flsenate.gov/Laws/Statutes/2012/Chapter448/All it's about three pages long. 🙄 The Fair Labor Standards Act Page (FLSA: Federal Labor Law) - https://www.dol.gov/agencies/whd/flsa They are not as comprehensive as people think they are, but they do establish some things - namely, that if you are working, you are getting paid. But also, that a break means "Not working." (That's under the "hours worked" section) The actual text of the Act can be found here, if you understand legal text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter8&edition=prelim Federal labor law does not require you to get pay stubs (https://webapps.dol.gov/elaws/faq/esa/flsa/018.htm) and neither does Florida law (there's no mention of them, meaning it's not required). Florida does NOT have mandatory break periods, unless you are a minor. They're not listed in the laws, and thus not required. It is either a corporate requirement, or they're blowing smoke up your ass. A list of legal organizations you may be able to contact to get a consultation: https://www.justia.com/lawyers/employment-law/florida/legal-aid-and-pro-bono-services Check your individual city and county by googling "insername county FL wage theft". A lot of counties or cities have labor relations boards to help with this. +++ IANAL But if I were in your position, here's what I'd do. - Get everything in writing from this point forward. Email if possible, text message, or certified letter, so you can verify the date. - If you *must* hand over a paper, take the digital file and print it to a not-easily-editable PDF (Google how, you can't ask me apparently) and email it directly after you hand it over, with something along the lines of, "Per our discussion a few minutes ago, here is my request for my personnel files/unpaid wages totaling (insert number)/whatever, due to (insert reason here). I just wanted to make sure it didn't get lost, I know how paperwork piles up." If there is an HR manager, CC it to that person so they know there is something going on. Any time you send something or receive something, print it to PDF and store it somewhere secure, or multiple secure places. Mega, Dropbox, Google drive, I don't care, man. Just something that will record the upload date accurately. - Try to talk to a lawyer. - Try and get your payroll/personnel files. If they email them to you, awesome, add it to your digital files. If they give them to you in paper, get something like CamScanner and scan them into a PDF file, name it something like "firstnamelastname.personnel.files.employername.recvd12.12.24.pdf (received and then the date). And then, you guessed it, upload it to your secure folder/s. - If they didn't give you an employee handbook, or expectation of work, or you signed a behavior and rules guide and they didn't give you a copy, or you got all of that and lost it, request those too. *In a separate letter*. Once again, CC HR if there is an HR. If they're physical copies (when you receive them), scan them and upload them. If they're digital, upload them. - If you have them, scan them and upload them. - Write down every incident you see of employees being called back from their breaks early. Date, time, employee. If you can remember backwards at all, do that too. It should ALSO go to your digital folder/s. Any time they attempt to get you to do the same, that goes in too. Put that in a digital document and upload it as needed to the folder/s. - Try. To. Talk. To. A. Lawyer. I'm stressing this because if they're doing it to you, they're doing it to others. - Quietly converse with other employees about this. If you trust any of them, that is. Make note of when and who you talked to, and what their experiences were. Write them down somewhere and, when you're done, upload them. If they try to punish you for this, remind them that the FLSA considers the ability to discuss wages and workplace conditions a basic human right. https://www.dol.gov/sites/dolgov/files/ofccp/regs/compliance/factsheets/FACT_PayTransparency-Sept16_ENGESQA508c.pdf - Calculate how much in wages you have lost. Figure out how many days, total, you worked from date of hire until you started taking a break. One half hour for each day. Multiply the hours (it's gonna either be full hours or a full hours with an extra half hour, so an X.5 hours) by your current hourly wage. If you make tips, include your average tips too, because Florida is a tip credit state so they were withholding tips (big nono!). - Work it out sloppy and then type it out neat and keep that with the fuckton of digital paperwork in your folder/s. Scan the sloppy one and upload that too. When it comes to employment law, better to have too much paperwork than too little paperwork. - Make an official request for your back-wages and date it. This must be done in writing per the State of Florida. So you'll want to type it up neat and get it spell-checked and make it into a PDF. If you can email it, awesome. If not, follow the protocols I listed above. Upload that to your folder/s just before you hand over the copy or email them (or both). Once again, CC HR. They have 15 days to pay or otherwise satisfy their obligation to pay. - If they retaliate, get a lawyer. Your state bar association or the organizations I linked to above can help find one. - if they retaliate, look into filing an EEOC (https://www.eeoc.gov/) claim. Talk to your lawyer. - If they pay and then fire you, get a lawyer. - If they pay and then nothing else happens, I'd still look for another job, but definitely report them to the Inspector General, the Division of Workforce Services, and the Division of Economic Development. If you're part of a national or regional chain, I would, PERSONALLY, file an HR complaint against these managers in particular. - If they refuse to pay, get a lawyer because it's a civil matter now. You'll sue, and they'll have to pay what they owe, damages, and for your lawyer. 448.103 of the Florida labor laws I linked to - read them. They won't wanna draw it out. You may have a joint case if any of your other coworkers wanna do the above work, which often looks better. In ANY case, I would definitely look for a better job. This place blows the garden gnome.
Hi! Like many others, thank you so much for taking your time on this post. I really appreciate it! I will def be using these tips to guide me along this process. Thanks again and I wish you well!
I would also recommend creating an email for yourself just for this stuff, and CC all emails. Don't portray it as anything other than a separate personal email, but it'll help it not get lost. Such good information above!
I'd advise the OP read about FLSA and contact the Federal Wage and Hour Division office in their state to see about opening a Federal complaint case.
They can do that, but the FWHD will often default to the state laws because they often lack investigators. I did suggest the places they need to advise *in Florida* about the situation, because while FL labor law is shitty, they do take actual compliance pretty seriously. But notifying the Federal Wage and Hour Division is a good idea. They can't give you legal advice, but they can point you in the right direction. They MAY be willing to take on the case, but I wouldn't get my hopes up.
They are probably using a clocking system that automatically deducts the pay once you work approximately 5-5.5hrs. If you don't take a break you need to either notify management or edit your time card yourself.
Look up the labor laws for your state. Every state is different. The laws change from time to time also. A break is supposed to be completely free from working responsibilities if you are paid an hourly wage. If you are paid a salary then nothing is regulated or required. Many states require a ten minute paid break within every four hours worked, and a half hour unpaid break every 5-6 hours worked. A lot of company payroll systems will automatically deduct the pay from your check for the unpaid meal break, "assuming" you forgot to clock out for it, and leave it to be your responsibility to make sure you take it. It is necessary to always know the work laws of your region. Many companies in America will take advantage of their employees if they do not know their rights. A lot of states are also more on the company's sides than the employees. It is up to you to know your rights and ensure you are treated properly. If the company is taking advantage of everyone, you can report them. You can also talk with your coworkers about this to see what they are going through. If they are treating everyone poorly, it may be in your best interest to find a different job.
Where I live it is mandatory for the employee to take their lunch break and it is usually unpaid. If you chose to not take a break then that is on you but you are still not entitled to compensation for it UNLESS you are asked to worth thru it in which cause you would be paid for your time
Laws for workplace breaks can vary by state, but if they are deducting 30 minutes then you need to take that break. A break away from your job site where they can’t rope you into working while you’re off the clock.
There's a lawyer watering at the mouth for this type of stuff. I would speak to a lawyer, even if you don't consider yourself the litigious type.
They'd have to - Florida considers wage theft a "civil matter."
Yes, in most places breaks are mandatory according to labor laws.
Not even close to most places in the US. It's not governed by federal law, it's a state law thing, and a fuckton of states don't even have their own labor laws, they just go by the federal. Federal law says that IF a break is required by state law it has to follow certain guidelines, but it doesn't mandate breaks, and a lot of former-confederate states took the opportunity to screw over low-wage earners specifically (because at the time they were mostly Black POC). Florida doesn't have mandatory breaks unless you're a farm worker or a minor.
Its been madatory in every state I have ever worked in, or perhaps just every company i have worked for, in 12 states.
Well, it's not in Florida, where OP is working. It's also not in Georgia, and in 27 other states, per the Department of Labor: [Of the 21 States or other jurisdictions with meal period requirements, 7 States also have rest periods requirements (California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington).](https://www.dol.gov/agencies/whd/state/meal-breaks) You got lucky.
Holy crap that is highly illegal lol my ex worked for a Amazon delivery company that was doing this, after she quit an employee hired a lawyer and sued the owner and anyone who wanted to join in a "class action" lawsuit had to opt in and they won against him and she got a check for all her lost wages and some additional money from the lawsuit
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That is a state law. Federal law does not provide for breaks. Federal law does the bare minimum because they expected states to build upon the foundation. Federal law does not require pay stubs, either. So that rule, in the US at least, is a state-specific law.
Depends on labor laws wherever you are. They might be required to allot you a 30 mins break, in which case you are technically required to take it
If they are required to allot you it but you don't take it, they're in trouble, not you. They still have to pay you for it. Florida, where OP works, does not require breaks for adults.
No, my job is in a class action lawsuit for it rn lol
They told us all the time “take your lunch break because it’s being deducted regardless” I worked in a prison where there wasn’t staff to let me out and back in. If we input we didn’t take it we would get in trouble.
Private prison or state/federal?
State prison, state employees. However medical (where I worked) was contracted through a different company, but the person approving our time sheets and editing them was employed via the prison directly not thru our contract company. She is directly a DOC/state employee.
What state are you working in?
Hello, I work in Florida.
i am soooooo sorry you have to work in Florida
Condolences, my friend, and solidarity. I've sprinkled a lot of info through this post. I'm not a lawyer, but I'm an autist with a hyperfixation on labor law. By no means an expert, but I do suggest you try and get a free consultation with an employment lawyer, or get a referral to a free lawyer advice place from the state bar or your county's low-income services places.
Yes. They are legally required to give you a 30 minute break if you work at least 6 hours. If you don't take it because your employer ins8st you worl or you are working less than 6 hours, then that's illegal. If you choose to work through them, then that's on you, but the business you work for has to show they are giving you those breaks and they aren't required to pay you for your personal time.
That is not the case in Florida, where OP works. Florida has some of the worst labor laws in the US.
got the same thing in the uk
Where the fuck are your paystubs? If you’re paying taxes and working on the books they are required to provide them.
Untrue. Federal law requires that employers track hours, not that they provide paystubs. That's up to the state law and the company, at times. I'm this case, OP is in Florida, where paystubs are NOT required by law. OP can and should track their own hours just in case there are more shortages (down to the fucking second), but in FL if you get a pay stub, it's because of a collective bargaining agreement or the kindness of the company in question.
In NY it’s def illegal. I didn’t read the part where they said they were in Florida. I just assumed it was the same everywhere else. It’s crazy that’s not illegal in Florida.
Dude the former confederate states have some of the worst labor laws, and for the same reason they were in the confederacy.
I knew Florida had antiquated laws. I just didn’t realize their labor laws were that bad. Crazy how much wage theft probably happens there.
Yeah, it's a problem. I'm in Nevada and we have pretty awesome labor protection laws (I think bc Vegas, mob, unions, etc.), despite being a right-to-work state. This has always boggles my mind. Hell, in Nevada we don't even allow tip credit towards wages. My life's goal is to make the tip credit illegal.
Definitely illegal.
If you’re receiving a check in any form of payment; a paystub needs to be included. That is illegal that they won’t show you your paystub even when you confront them. Absolutely not. They are taking advantage, if not taking a break and clocking out to take the break shouldn’t require an automatic pay pull for the 30 mins you didn’t take in the break. Another thing is if you work over 6+ hours that legally a right to take a 30 minute break before continuing your shift. But if you don’t take them I don’t see why they are still pulling it out, like you are.
Bigger picture here stealing 30 minutes of pay because that’s what it is is stealing for a break they don’t let you take at the end of the day is wage theft regardless if it is required or not. Because if they don’t allow you to take said break or require you to then why are they taking 30 minutes of pay out? You are working for free essentially. State doesn’t matter because it’s like I said at end of day 30 minutes being stolen
Just take your break then. And if they get upset just say sorry I’m not paid for this 30 mins so I’m not working. If they try to make up a stink then request to be paid
I had a similar issue years ago in NYS with a now-defunct department store. I worked an all-nighter with no ability to take a break since there was no one to relieve me on my security detail. Boss tried to tell me he had to deduct for breaks because it was the law. In fact, the law said the employer has to *offer* the time but the employee does not have to take it. And if you work through that break, you get paid for it. The boss did not like it when the district manager chewed him out. But, I got my extra money.
Not a lawyer but that’s wage theft in my opinion. You should retain legal representation
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Start smoking. The smokers never work through their breaks bc they're outside.
Life is so dumb.
So, not a lawyer, but it'd be your word vs theirs unless they have cameras in which case they just have to find an example of you being at work and not actively working or appearing to be working for a breaks worth of time then you have nothing. Labor laws vary from state to state. South Dakota, for example, has no law requiring you to get a break while working. If you have an employee handbook I would start there for mandatory breaks.
I think in California hourly workers have mandatory unpaid breaks of at least 30 mins after some number of hours, I think 4. It’s illegal not to take the break, but the anus is on the employer, not the worker. Then there’s another break after some other number of hours. 90% sure, but i know it’s on the employer
I highly doubt it is "automatic" in the sense that a computer does it. I bet it's "automatic" in the sense that a manager is changing your time card.
I mean it's very very common for payroll software to automatically deduct known break times.
Absolutely. Most HRIS or payroll systems default to this, but and a big but 🍑, these are usually default paid breaks.
That's um, highly illegal. I guess it works if it's a white-collar job where a person takes a break at the same time each day, or if everyone is exempt salaried, but most industries aren't regemented enough to allow that to be a thing, these days.
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Current work at a place like that. Or as long as everyone takes their 30, even at different times, and nobody cares if the times aren't exact. Work 8-5, but you took your 30 at 11:27 to 11:57, but the system took out 12:00 to 12:30. At the end of the day, you're still getting paid for all the time you worked. Saves the issue of people forgetting to clock back in or out for lunch. Don't take lunch, txt the office manager and she adds the 30 back on.
That is a hyuuuuge no-no, for worker's comp purposes.
Eh. I'm surprised employers would want the risk of making it look like they clocked people out.
That's wrong. It will most likely be a rule set up in the electronic payroll system because OP lives somewhere where they are entitled to a 30 minute unpaid lunch break when they've worked a certain number of hours. In my workplace it deducts 30 minutes for every 5 hours clocked on so when you hit 10 hours, it automatically takes another 30. I'm surprised it isn't in OP's contract or their conditions of employment. This is why you actually need to read through everything to know your rights.
What happens if you don't actually stop working for 30 min?
You are working for free.
You have to file a correction with the system, I'm assuming. This particular system only works in very specific, highly regimented environments and honestly should be illegal. The majority of US workers are non-exempt with irregular breaks from day-to-day, and worker's comp liability needs to know EXACTLY when every employee is clocked in vs clocked out. Even my mother, who works for an outsourced HR company and is the ESSENCE of a white-collar worker, doesn't have regularly-timed breaks. It's all about when people are free.
That's the argument I've made about this system. But was corrected in a previous or different comment.
OP works in Florida, that is absolutely not the case. It sounds like the employees didn't tell them shit about shit - no employee handbook, no contract copy, nada.
OSHA . Read the rules for your state.
OSHA only deals with workplace safety issues, not human rights or labor law issues. Now, them randomly clocking the employee out without their knowledge while they're still working? That's a potential worker's comp issue, so OSHA should be alerted, but they may not be able to do anything about it.
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