is it illegal to be made to clock out for 10-15min rest periods

Worked at D.Q in the town of moundsville W.V and I was told that under
state law that all the times i was made to clock out for rest periods that
was under 20min was unlawful and i was entiled to have them pay back the
lost time 15mins 5 days aweek for over a yr is a good bit of cash i was
supoosed to of gotten if true

Asked on December 30, 2018 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You are correct in that breaks of 15 minutes (actually, of up to 20 minutes) are "on the clock," are still considered work time, and must be paid. If you have not been paid for 15-minute breaks, your employer has violated the law. You may wish to contact the state department of labor about filing a wage and hour complaint since, as you point out, you have been deprived of a signficant amount (around 1 1/4 hours per week, or over 60 hours per year) of pay.


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