I got docked for a lunch break I never took

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I got docked for a lunch break I never took

I worked at days Inn in castaic and I
never had time foto a lunch break. They
took it out if my pay. If I brought I
lunch I had to eat knowing if someone
came in I had to stop and help them is
this legal

Asked on November 15, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

All time hours worked is compensable work time. In other words, you need to be paid for it. That having been said, you would have to prove that you did not take lunch. Further, for how long did this go on? If it was for an extended period of time it may be worth filing a claim or suing. However, if it was just for a few days, etc. then it may not be worth your time and effort to pursue it. At this point, you can contact your state's department of labor for further informaton.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were working (i.e. not a lunch), you must be paid for the time spent working. You could file a complaint with the department of labor for this violation of the wage and hour laws, but it would only be worthwhile doing so if this regularly, commonly, repeatedly, etc. occurs--not if it only happened once or twice, since all you'd get is that extra one or two hours of pay, after having filed a legal complaint vs. your employer (and having spent your time doing so).


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