Is it legal for my employer to deduct hours from my paycheck?

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Is it legal for my employer to deduct hours from my paycheck?

My employer takes 30 mins automatically out every 6 hours of my clock in time for breaks. This time deducts from my overall hours I work which reduces my overtime hours. LI don’t have time to take these breaks but I’m still deducted for them. If I work 60 hours it takes away 5 hours dropping my OT from 20 to 15.

Asked on October 7, 2018 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Time--and pay--cannot be taken away "automatically." If you don't in fact work for a half-hour and are on lunch (for example), then the employer does not need to pay you for that time. BUT if you do work, then you must be paid for the time--including being paid overtime, as applicable. When you work, you must be paid, so if you don't take the breaks, they cannot debit your time or pay for them. If they are reducing your hours and pay when you are actually working during that time, you could contact the department of labor to file a wage and hour complaint.


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