QUESTION
What can be done if the company I work for says they will pay us if we don't take lunch breaks?
Asked on Mar 14th, 2013 on Labor and Employment - Florida
More details to this question:
I have been with this company for 18 years, and up until recently, I trusted my employers were honest with me. I and several of my co-workers were told by our boss’ wife that it was the law that we had to take the 30 minute lunch we were provided, and if we did not, they would deduct the 30 minute regardless. I and some of my co-workers skipped lunch for some reason or another, many times. Recently we were told that we don’t have to take a lunch every day and we would get paid. And still we get talked to about taking a lunch. I just don’t get it. I have given 18 years to this company, and over the years my co workers and I have skipped many a lunch, giving this company tons of free labor. What should I do?
3 ANSWERS
You should contact an attorney or the Wisconsin Equal Rights Division, Wage & Hour Section to learn your rights. Don't wait because you typically can only go back 2 years to get unpaid wages.
Answered on Mar 15th, 2013 at 5:46 AM
I suggest you and your employer reach an agreement on what they expect, and then that you do it, unless it is illegal. If it is illegal, I suggest you discuss that with them also, since they likely want to comply with the law. I do not know if you can do anything about the past. It would depend on what laws were violated. Now, what is legal? You need this to deal with the past and to arm yourself for an educated conversation with the employer about the future. To determine what is legal, I suggest you 1) first go to Wage and Hour Division (WHD) - U.S. Department of Labor http://www.wagehour.dol.gov/ 2) Google this: wage and hour law This search should take you to many firms that give advice on their web pages. Most take telephone calls for free. If you have a good case, they often get paid only and when you win.
Answered on Mar 14th, 2013 at 7:11 PM
Please feel free to call me, but if you worked through any lunches and were not paid, your employer will have to pay you for that time. I have a number of questions to ask you, but if you have a case for unpaid overtime, I'd be happy to take the case at no charge to you.
Answered on Mar 14th, 2013 at 7:08 PM