What to do if my employer is stealing my department’s time by clocking us out for breaks we never took?

Also, if we take a break they take more time out than what we originally took. I have been reading up on this some and read that it is illegal. Also, our department head picked up an employees’ handbook today and no where in there does it state that you have to take a mandatory amount of time for breaks. What are the possible compensations, as this has been going on for at least 6 months now?

Asked on September 11, 2012 under Employment Labor Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country employees are entitled to and must received at least a ten minute break from work after working 2 hours, a 30 minute break after working 4 hours, a 10 minute break after the following 2 hours of work and so on.

If such breaks do not occur, the employee is entitled to overtime for such work.

What your employer is doing is illegal under the laws of all states in this country. I suggest that you consult with an attorney that practices in the area of labor law and/or a representative with your local department of labor about the situation you are writing about.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.