is it illegal to be made to clock out for 10-15min rest periods

UPDATED: Oct 1, 2022

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is it illegal to be made to clock out for 10-15min rest periods

Worked at D.Q in the town of moundsville W.V and I was told that under
state law that all the times i was made to clock out for rest periods that
was under 20min was unlawful and i was entiled to have them pay back the
lost time 15mins 5 days aweek for over a yr is a good bit of cash i was
supoosed to of gotten if true

Asked on December 30, 2018 under Employment Labor Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are correct in that breaks of 15 minutes (actually, of up to 20 minutes) are "on the clock," are still considered work time, and must be paid. If you have not been paid for 15-minute breaks, your employer has violated the law. You may wish to contact the state department of labor about filing a wage and hour complaint since, as you point out, you have been deprived of a signficant amount (around 1 1/4 hours per week, or over 60 hours per year) of pay.

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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