forced to take lunches

[vmog23]

What is the name of your state? Illinois

the problem I have is that i work for a big retail company i have been with them for a little more than 5.5 years. they say that after working 5 hours we have to clock out for a half hour lunch. my problem is that i am in a commisioned based area with a base pay of $4.50 and sometimes we get swamped and we dont have time to take a lunch. when we dont take our luch they autodeduct an hours pay. now they are telling me that i might get fired because i have not taken a lunch. the other problem is that there are times when you clock out for lunch then you come back to clock in and the computer shows you never clocked out for lunch. can they fire me for this?

 

[cbg]

Illinois law requires that an employee who works a 7.5 hour shift or longer MUST be given a lunch break of at least 20 minutes, unpaid.

They cannot deduct the time automatically. If you work the time, you have to be paid for it.

BUT.

They most certainly can require you to take a lunch break, and they can fire you if you refuse.

 

[vmog23]

but can they force you to take it after only 5 or 5.5 hours.

 

[kathrynne]

but can they force you to take it after only 5 or 5.5 hours.

The law dictates when THEY must provide.

THEY dictate that you must take it. They're technically giving you "better" than the law provides by giving you a lunch break earlier.

Lots of people complain that they don't GET lunch breaks.

 

[HomeGuru]

I demand 2 lunch breaks daily.

 

[Beth3]

but can they force you to take it after only 5 or 5.5 hours. Your employer determines your work schedule. They can require you to take a lunch break at whatever time they wish.

 

[cbg]

They not only can, they must. The Illinois law specifically states that the lunch break, when required by the total length of the shift, MUST be taken no later than 5 hours after the beginning of the shift.

But even if the law did not dictate that, it is up to the employer, not the employee, to decide when the lunch break is taken.