QUESTION
Can an employer dock you for a lunch break if you work through that break?
Asked on Apr 15th, 2016 on Labor and Employment - Pennsylvania
More details to this question:
I worked through at least 5 lunch breaks (30mins/each) due to heavy work loads, this week. My employer dock my pay for those lunch breaks, even though I did not take them. At first my employer said it was due to state (PA) or Federal law, when I searched the internet and said that it wasn't a state or federal law, they said it was now company policy, yet I can not find that stated anywhere within my employee handbook. One boss docked my times in ADP and forced another boss to fudge my times in another time tracking system. This has happened more than once to me and at least one other employee.
1 ANSWER
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If you worked, you're entitled to be paid. So your employer was wrong to "dock" your pay for that time worked. If those lunch hours resulted in your total time being over 40 hours in a week and you're eligible for overtime pay, then you'd get overtime for all hours over 40. Now, if your employer has a work rule that requires you to take your lunch and other breaks, then it has a legit right to enforce those work rules going forward, but not by docking your pay.
Answered on Apr 18th, 2016 at 11:33 AM