Not paid for Worked Lunch

[microtech]

What is the name of your state (only U.S. law)? Illinois

I have an existing salaried contract with my employer that states that I must take a mandatory lunch between 12-1, yet they schedule me for work during this period. Even though I have signed service orders, they change my records daily in our tracking program to reflect this one hour lunch (even though I haven't taken one), and yet still charge the client for the whole time I was there.


For example. I'm dispatched at 8:00am, and the Job completes at 7:00pm. Due to service requirements, the Job takes 11 hours to perform. Even though I was unable to take a lunch, they deduct 1 hour from my 11 hour day (they modify my computer based entries every time), however, they still bill the customer for 11 Hours.

Example 2: I am provided a service order 1/2 hour away at 11:30am that starts at 12:00pm. I go without lunch and work the job until 5:00pm. Once again, they change my entries to reflect that I took my hour of lunch, but charge the customer for 5 hours.

Is this illegal? Do I have any recourse? If so, do I have to attain an attorney.

[fairisfair]

oh gimme a break. so you are saying that you are working the entire 11 hours. without a break.... that the estimated shop time calculated by your employer is EXACTLY how long it takes to complete the job.... yeah**************************** right.

They don't schedule YOU for work during that time, they schedule the SHOP.

Originally Posted by microtech

What is the name of your state (only U.S. law)? Illinois

I have an existing salaried contract with my employer that states that I must take a mandatory lunch between 12-1, yet they schedule me for work during this period. Even though I have signed service orders, they change my records daily in our tracking program to reflect this one hour lunch (even though I haven't taken one), and yet still charge the client for the whole time I was there.


For example. I'm dispatched at 8:00am, and the Job completes at 7:00pm. Due to service requirements, the Job takes 11 hours to perform. Even though I was unable to take a lunch, they deduct 1 hour from my 11 hour day (they modify my computer based entries every time), however, they still bill the customer for 11 Hours.

Example 2: I am provided a service order 1/2 hour away at 11:30am that starts at 12:00pm. I go without lunch and work the job until 5:00pm. Once again, they change my entries to reflect that I took my hour of lunch, but charge the customer for 5 hours.

Is this illegal? Do I have any recourse? If so, do I have to attain an attorney.

[justalayman]

if you are salaried, they should not be deducting anything. That is what a salary is about.

so, why not just take a lunch when scheduled and go from there. If they ask, simply tell them that they have mandated you take a lunch so you are doing as they told you.

If they have a problem with that, then they need to figure out if they want you to take a lunch or work from 12-1.

[cracker]

Legally, you cannot work over six hours without taking a lunch, but if you are "out" on a job, then it is your responsibility to do so. Maybe they are taking out the hour because they assume you are taking one like you are supposed to do. Why not just take a lunch?

[microtech]

I'm not a grease monkey, I'm a network engineer. When enterprise customers have network failures, I am dispatched to get the Job done. So what people are saying, is that when a customer like Kohl's department stores, or the local community college cannot teach their courses, that I should insist on taking my one hour lunch? No, it's my responsibility to the client to provide the best service possible.

The only reason my employer enforces the mandatory 12-1 pm lunch rule (they will NOT allow me to take it at any other time), is to avoid providing Comp Time, and for no other reason. The charge to the client is by the hour, and that being the case, if I'm not working, then they should not be charged. If I AM working, then I should be credited. Only sounds fair to me.

Originally Posted by fairisfair

oh gimme a break. so you are saying that you are working the entire 11 hours. without a break.... that the estimated shop time calculated by your employer is EXACTLY how long it takes to complete the job.... yeah**************************** right.

They don't schedule YOU for work during that time, they schedule the SHOP.

[ecmst12]

If you are an exempt employee, then the number of hours you work is irrelevent. Comp time is not required by law. If it's required by your CONTRACT, that's a different situation entirely and you would have to show your contract to a lawyer.

What your employer bills the client for is none of your business.

[microtech]

I could care less what my employer bills my clients, however, I use this to support my case that they are indeed involved in deception. When I provide a signed document from the customer stating I was in attendance from start time to completion time with a note that states "no lunch hour", I believe personally that it is an unfair practice to inject a non-existent deviation only to my personal billing hours, and not to the customer. The legality of it escapes me, and that's why I'm on this site looking for answers.

An honest days work, should earn an honest day's pay.

Originally Posted by ecmst12

If you are an exempt employee, then the number of hours you work is irrelevent. Comp time is not required by law. If it's required by your CONTRACT, that's a different situation entirely and you would have to show your contract to a lawyer.

What your employer bills the client for is none of your business.

[ecmst12]

If you are an exempt employee, you are paid for the job that you do, regardless of the number of hours it takes you to do it.

[justalayman]

=microtech;2100540]I'm not a grease monkey, I'm a network engineer. When enterprise customers have network failures, I am dispatched to get the Job done. So what people are saying, is that when a customer like Kohl's department stores, or the local community college cannot teach their courses, that I should insist on taking my one hour lunch? No, it's my responsibility to the client to provide the best service possible.

so your committment should override the law? You are required to take a lunch per Illinois law. You are given the opportunity to take that lunch. You are going to get fired if you continue to refuse to take your lunch.

The only reason my employer enforces the mandatory 12-1 pm lunch rule (they will NOT allow me to take it at any other time), is to avoid providing Comp Time, and for no other reason.

Comp time? You are salaried. You should not have anything to do with comp time.

The charge to the client is by the hour, and that being the case, if I'm not working, then they should not be charged. If I AM working, then I should be credited. Only sounds fair to me.

So, tell the customer that your company is screwing them and let them deal with it. You are then absolved from the sitaution.

So, take your lunch. If you believe Kohl's is so committed that their personel would break the law in order to sell me a shirt, you are wrong.

[cracker]

The reason your employer enforces the lunch hour is to avoid being fined. If you don't take it then quit complaining. Your employer is covering their butt, you might want to consider covering your own. I know it is a different state, but in all of the companies I've worked for, other than cashier positions, it is your own responsibility to take a lunch and failure to do so can result in termination. The company would rather lose you than eat a 10,000 dollar fine.

[microtech]

I am willing to take a lunch hour, but the point IS they will only allow it between 12-1pm, no earlier, no later, yet still schedule me for an appointment during that hour.

Originally Posted by cracker

The reason your employer enforces the lunch hour is to avoid being fined. If you don't take it then quit complaining. Your employer is covering their butt, you might want to consider covering your own. I know it is a different state, but in all of the companies I've worked for, other than cashier positions, it is your own responsibility to take a lunch and failure to do so can result in termination. The company would rather lose you than eat a 10,000 dollar fine.

[cbg]

Cutting to the chase:

If you are not being paid for all hours worked, complain to the state DOL.