Is my boss legally able to require us to take an hour unpaid break for only working 60 minutes?

We’ve always been able to a 1/2 hour break for working 6 hours and 1 hour

for 8 hours. Now, all of a sudden, she is requiring us to take an hour long break for working just 6 hours. Is this legal for her to do? She is only doing it so that she doesn’t have to pay us the extra half hour.

Asked on February 25, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, your employer may do this: an employer has the right to reduce hours worked for any reason (unless there is a written employment contract to the contrary), including to avoid paying for extra time, and the employer may make the reduction at any point during the day, including in the form of extending the lunch hour.


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