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lockheedelectra locked her thread because she did not like her answers.

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OHRoadwarrior

Senior Member
The law says "if your employer allows them". Clearly your employer does not. I suggest you consider whether escalating this to the unemployment line is worth it.

https://forum.freeadvice.com/wage-salary-issues-96/question-regarding-unpaid-rest-breaks-598018.html
 


Zigner

Senior Member, Non-Attorney
The law says "if your employer allows them". Clearly your employer does not. I suggest you consider whether escalating this to the unemployment line is worth it.

https://forum.freeadvice.com/wage-salary-issues-96/question-regarding-unpaid-rest-breaks-598018.html
He hasn't worked there in over a year - this came up because a bunch of guys got together and drank some beer together...
 

swalsh411

Senior Member
I'm gonna side with the OP on this one. The law says allowed breaks under 20 minutes must be paid. OP was talking about allowed breaks under 20 minutes. What possible argument can be made that they do not need to be paid?

The law says "if your employer allows them". Clearly your employer does not.
What makes you think they were not allowed? If they continued, and the employer knew about them (because they were requiring a punch out) then how can you argue they were not allowed?
 

cbg

I'm a Northern Girl
The OP was right. By Federal law, breaks of under 20 minutes MUST be paid breaks. There is no qualifier regarding whether the breaks are allowed or not. The OP could have been disciplined up to and including termination if he had been taking unauthorized breaks, but under NO circumstances is an unpaid break of under 20 minutes legal.
 
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