Can my employer make us clock out for a 30 min unpaid break when we only work 7.5 hours a day? Nevada

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Can my employer make us clock out for a 30 min unpaid break when we only work 7.5 hours a day? Nevada

I live in Nevada, here it requires you to take a 30 min unpaid break if you work
8 or more hours in a day. I work 7.5 hours a day but my boss makes us clock out
for 30 min everyday, is he allowed to do that? I’m missing out on 100 a month
because he’s making us sit in a break room when we haven’t worked 8 hours.

Asked on August 16, 2017 under Employment Labor Law, Nevada

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So long as your time off is really "yours", then making you clock out is legal. In other words, if you are not engaged in work duties, you need not be paid for this time. The is the law unless such an action violates the terms of an employment contract or union agreement. The fact is that most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit (absenst some form of legally actionable idsctimination). 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he can do this. Employers set your work hours and may have employees go off the clock for a period of time during the day. So long as you are not working for that time and are free to socialize, read, surf the web, talk, etc. during that time, this is legal: it's not different than him having you show up a half hour later or leave a half hour earlier.
(If you are working during this time, you'd have to be paid for it.)


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