Can an employer deduct lunch break from overtime hours worked?
I've been working with a company for a couple of years and recently I started working 10 hr shifts for 5 days a week (weekdays).
I didn't think much of my paycheck at first, but I've noticed that my work deducts my 1 hr lunch break from my overtime hours. I live in the state of California and I couldn't find much information for this specific question: Should my employers be deducting my 1 hr lunch break from my regular working hours, instead of my overtime hours?
As I stated I work 10 hours per weekday, but the full amount of hours I work per week is 45 hours. Say I'm paid biweekly, I guess I'd get paid for the extra 5 hours I worked per week on top of my regular pay. Despite that, should I still get paid for the full amount of overtime hours I worked per weekday (extra 2 hours per weekday)?
- xfilesfanLv 72 months ago
An unpaid lunch break is always deducted before calculating overtime. In other words, if you are at work for a total of 10 hours including a 1 hour break, you are on the clock for 9 hours. That’s 8 hours of regular pay and 1 hour of overtime.
- Anonymous2 months ago
Lunch is not paid for most jobs. Its not out of overtime, its an hour every day. With or without OT.
- DEBSLv 72 months ago
Federally, lunch would not count as 'hours worked' is what is counted. Unless California has enacted something more strict, which I don't know of or see either, then Federal law would apply.
There are sites which you can ask a lawyer for almost free. It might be worth finding out. I think JustAnswer is one of them. It takes less than an hour for a lawyer to answer your question. It's like $5 a month, but you basically can ask your question and then cancel. So $5 for your answer. I'm sure there are other sites as well.
- JudyLv 72 months ago
Yes of course - and any vacation, sick days, holidays of other time off. O/T by law is only due for hours WORKED over 40 in a workweek most places, usually over 8 a day in CA.
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- 2 months ago
That is bs. You should bring it up to hr. They will pay you for it.