Legal Question in Employment Law in Pennsylvania

My (now ex) employer makes employees clock out for cigarette breaks, but it's only certain employees. There are many hourly employees who can just go out as they please without having to clock out. I thought nothing of this until recently when I was reading up on some labor laws and read that PA law requires all breaks under 20 minutes to be paid. A cigarette break is usually no more than a few minutes, never close to 20. So of course my question is, is this legal for them to do? And if it's not, what can I do about it? And if this IS legal, just some clarification as to why it is. Thanks for any help regarding this. I was laid off on August 2nd - if this is not legal is there some way I can get back lost wages?


Asked on 8/05/12, 12:48 pm

1 Answer from Attorneys
Domenic Bellisario Law Office of Domenic A. Bellisario

Breaks less than 20 minutes are considered time worked and must be paid for, as well as the time counted for overtime purposes. You can contact the Wage & Hour Division of the US Depatment of Labor to file a claim. The government will conduct an audit and seek compensation for all employees Or, you can file a lawsuit on your own. There is a two-year period within which to file a lawsuit (three years for wilfull violations of the law). There is the potential for double the amount owed if you are succcessful, as well as attorney fees and costs.

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Answered on 8/06/12, 5:19 am


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