Can a employer remove wages for lunch without you actually taking a lunch?

UPDATED: Oct 1, 2022

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Can a employer remove wages for lunch without you actually taking a lunch?

I work for x sport fitness as a
assistant general manager and my
overnight crew has been forced to take a
mandatory lunch break during their
shift. The only problem there is no one
to cover them for a actual break. Is
this legal?

Also. I’m a salaried employee. Can I be
forced to work more than 7 days straight
up to 3 weeks?

Asked on June 25, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Hourly employees must be paid for working through lunch if they have to work--i.e. no one covers for them, they are manning their posts, etc. To get an unpaid lunch break, they must not be working during that time.
2) A salaried worker can work 7 days a week, 52 weeks per year, without a break. There is no limit on how much or how often salaried staff can be made to work, and in NYC, 7 day/week work is not as uncommon as it should be--I've done it.

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 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.

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