Paycheck being held as punishment

[Auto Tech 2007]

What is the name of your state? California.
Hello, I work as an flat rate auto tech. I had my paycheck withheld as punishment. For not having at least 30 minute lunchs on my official time clock. I am paid on what I do and not my clock hours. There was no notice this was going into effect. Found out at the same time my service manager did. He called payroll and was advised to check his e-mail. He check his e-mail and there was a memo. This was not there earlier in the day. It said as a reward to employees that had clocked in and out corectly. They will receive their checks. This was but in place by the front office. Also I was not the only one as it looked to be about 6 of 20 employees. Anyways can they do this? Thank you for your time.

 

[cbg]

No, they cannot. They CAN discipline you for not taking your lunch breaks (which, btw, are required by law in your state) but that discipline cannot take the form of withholding your paycheck.

It CAN take the form of firing you.

 

[Auto Tech 2007]

I clock out for lunches daily, just not always for the required 30 mins. I have never been written up for anything, let alone being warned about this new "policy". Should I let my manager know this is illegal or go directly to the human resources dept, which is who put this policy in place? Where else can I turn to for information about this within California State resources?

 

[cbg]

California state law requires that you have a 30 minute unpaid meal break. You can be disciplined up to and including being fired for not taking the full break. There is no requirement that you be warned or written up ahead of time.

I don't know your employer so I have no way of knowing who you should talk to, but it never hurts to talk to HR.

 

[pattytx]

http://www.dlse.ca.gov/dlse/FAQ_MealPeriods.htm