What is my recourse if my employer is deducting time for lunch even thoughI choose to work through my lunch period?
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What is my recourse if my employer is deducting time for lunch even thoughI choose to work through my lunch period?
90% of the time I skip lunch and continue to work. I fill out the time sheet “none” is written in the lunch column. I recently noticed my checks 2 to 5 hours short every payday for 11 months. When I asked they then informed they were deducting lunch even if I didn’t take it. This has resulted in thousands of dollars lost overtime pay. They never informed until I asked.
Asked on August 9, 2011 Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Going forward, the employer has an absolute and unconditional right to tell employees that cannot work overtime without specific permission from the employer, to require them to take a lunch break (i.e. even if they don't eat or don't go out, they can't work and be paid for that time), etc.
However, an employer cannot do this retroactively. If there was no policy requiring approval or permission for working through lunch or overtime; you filled out your time sheets and they accepted them; then you should be paid for all hours worked, at least up through the point where they told you to stop doing this. Note that if there is anything in an employee handbook, policy manual, or contract/agreement with you stating that you need approval to work through lunch or extra hours, then the company could, however, probably refuse to pay you for that time since you violated a policy of which you had notice.
If you feel that you were entitled to work the extra time for at least some of these months (i.e. no policy or instructions against it), you may wish to speak with an employment attorney about the situation, and/or contact the state labor department, to see if you have a claim.
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