Legal Question in Employment Law in Florida
Time Card Pay
My employers is not paying me according to my time card punch in and punch out. Can an employer legally take out breaks if I don't take them?
2 Answers from Attorneys
Re: Time Card Pay
Under the FLSA, an employer must pay employees for all hours worked. Lunch deduction violations are very common and are reffered to commonly as "off the clock work." If your employer is doing this, it is illegal and you are entitled to compensation for those breaks which were deducted but that you did not actually take.
Regards,
Re: Time Card Pay
The answer is most likely NO. Please consult with an attorney immediately to determine what your rights are, as the company may be violating state law and/or federal law--including the Fair Labor Standards Act--especially if you are working more than 40 hours per week, because you may not be receiving all of your overtime compensation due to these deductions. Please feel free to contact us for further assistance.