Legal Question in Employment Law in Massachusetts

Am I entitled to be paid for missing lunch?

I am a core/hourly employee. 2 days out of one particular week, I had not taken a lunch due to coverage for an employee at the front desk (on a Thursday), and the following day (Friday), I attended a brief meeting. I normally work 39.5 hours per week. I am paid bi-monthly, thus I have normally, a total number of 79.5 hours for the two weeks. On Fridays, I work only 9-5 with a required half-hour lunch.

When I missed those lunches, my hours should have been 9 on Thursday, and 8 on friday. That should equal out to 81 hours for those 2 weeks. My supervisor had me adjust my hours for the week to 40 hours the first and second week, thus making my total hours 80. I am missing 1.5 hours pay. We can't work over-time, unless pre-approved. Am I still owed back-pay?


Asked on 7/13/01, 2:56 pm

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: Am I entitled to be paid for missing lunch?

If you are a non-exempt employee, you are paid hourly, with overtime if you work beyond 40 hours a week.

If your company has a human resources department, or a personnel department, you should contact them and let them know that you do not want to make a big deal, but you want to be paid for the hours that you and others in your department work. Your company can get in trouble for not paying you when you work.

You need to do this anonymously, if that is possible, as your manager is not going to appreciate your efforts. They should not fire you or discipline you for reporting this problem, but you may find that if they are bonehead enough to not pay you, they are just as likely to fire you if you complain. Document your hours, make copies of your timecards before and after they are changed. Keep records of the hours you work, and the hours you are paid for.

From a practical point of view, you will have to decide if the lack of pay for these periods of time are worth you going to war with your manager over. Employees seldom win these wars. If they retaliate, you may have an employment case (but to qualify for such a case, you have to first be fired or retaliatory steps taken against you).

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Answered on 7/16/01, 5:51 pm


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