Found an issue on this page? Let us know and we will look into it as soon as possible.
Not getting paid lunch. Do I require legal help?
Anonymous9 views4 answers
I work for a large corporation and my managers require we put a 30 minute unpaid lunch on our time card every day even though we work during that time. I travel for work and usually do not work in states that have required lunch breaks. My company does not have a policy that says we have to take a lunch. Should I contact HR and ask they pay for past hours lost and all future ones, or should I have a lawyer take care of it as I am not the only one that is working and not getting paid for it? What would be more advantageous for me?
Employers are generally not required to pay employees for lunch breaks lasting 30 minutes or longer. However, if you are actually working through that time, then it is likely a violation of federal law for your employer to withhold pay for that time worked. You should definitely consult with an attorney to discuss the situation in greater detail.
David James ManleyEmployment / Labor AttorneyCypress, TX ·
An employer may require employees to take a lunch break and clock out during during that time. However, they cannot require you to work through lunch without pay. If you are working through lunch, they are required by law to pay you. If working through lunch requires you to work more than 40 hours a week, you are also entitled to overtime. With regard to your question, it is hard to say whether retaining an attorney would be more advantageous to you. However, in my experience, employers are much more responsive when an attorney is involved. This is also a specialized area of law, and an attorney can make sure your rights are protected. I would recommend you talk to an attorney. This can usually be done over the phone and many will provide the initial consultation for free.
Your employer must pay you for the time you spend working during your lunch break as long as you are an hourly employee. In addition, if that means you now work more than 40 hours per week, your employer must pay you time and a half. The laws that govern these rules also provide for additional damages and penalties, so it may be wise to talk with a lawyer who specializes in this area to get a better understanding of your rights and what damages you may be entitled to. Good luck.
My colleagues have this question pretty well covered. The difference between being paid for lunch and unpaid is if you are an hourly employee or salaried. If you are hourly then you need to contact your HR department immediately and ask them to look into the situation. There should be people in place that you can talk to if you feel you cannot speak to your immediate manager or HR contact. Since you stated you travel for work it seems you might be salaried and your time card is just used to track your billable hours if the company will be billing clients. I suggest contacting local counsel to assist you. Good luck.
