Can an employer deduct a half hour from each shift even if you dont get a break?
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Can an employer deduct a half hour from each shift even if you dont get a break?
My boss deducts a half hour for each
shift you work for your break even
though half the time the break is a
less then a half hour and 2 out of 7 of
my shifts i dont get a break at all, is
that tech legal? I work in pittsburgh
pa.
Asked on April 26, 2017 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
IF you would be allowed to take a half-hour break, then this is legal: being given a half-hour off-the-clock break, the employer does not need to pay for it even if you don't fully avail yourself of it--the key thing is, you MUST be allowed to take the break and not work for that 1/2 hour.
However, if you are not in fact given or allowed to take the break, the empoyer may NOT deduct time for it: doing so is a violation of the wage and hour laws (e.g. the Fair Labor Standards Act). You are entitled to be paid for all non-break time; you may wish to file a complaint with the state department of labor for deducting time when you do not actually get a break.
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