What to do if my employer takes 30 minutes out of each day’s pay as a “lunch break” but I am not allowed to clock out and must remain on standby?

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What to do if my employer takes 30 minutes out of each day’s pay as a “lunch break” but I am not allowed to clock out and must remain on standby?

Is this legal?

Asked on October 1, 2012 under Employment Labor Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is a Fair Labor Standards violation.  You cannot be docked for lunch and not clock out. You would be owed monies for overtime and I suspect your employer is pulling a fast one on the state labor department.  Talk to your state labor department about this and pull all of your pays tubs and timecards if you keep copies.


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