If I work do I legally have to clock out on a 20 min break?

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If I work do I legally have to clock out on a 20 min break?

So for a 15 min break we don’t need to but with
20 mins we have too clock out.

Asked on January 8, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Under federal law a break of 5 - 20 minutes, even is ostensibly for lunch, is treated as compensible  work time--that is, they can't clock you out for it, and must pay you for the time. If they don't, you could file a wage-and-hour complaint with the Department of Labor.
If they extend the break to 30 minutes, they could legally clock you out and not pay you for any of the time, so long as you do not in fact work during the break (if you work on a lunch break, it's work time--i.e. must be paid--not an unpaid lunch break). 


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