UPDATED: Oct 1, 2022
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I was late one day for work by 1/2 hour because of the delay on the train. I messaged my manager and explained to her but she never replied to me. I was scheduled from 10:45 am -7:15 pm basically working 8 hours and the other 1/2 hour is for lunch. That day I was late I decided to skip my lunch break all together to make up for my full 8 hours because if I don’t, my manager cuts my check. Is this illegal? Either way, she cut my check and paid me for 7.5 hours when I actually worked my full 8 hours.
Asked on June 25, 2019 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
If the manager approved you making up the half hour by working through lunch, then you should be paid for the time--you worked for 8 hours, you should be paid for 8 yours. BUT the employer, not you, determines when you are allowed to work. If you are scheduled normally for an unpaid lunch breach, you cannot unilaterally decide to work through it and get paid; the employer would have to approve that change to your schedule. If not approved, they would not have to pay you for the unauthorized work you did during lunch.
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