Ask a Lawyer - Archive

My company offers a 30 minutes lunch break each day that we are charged for. I lose $30.00 per week for lunches that I do not take. I may eat a snack at my desk, but I am still available by the phone to take calls. Can I stop my employer from taking this money from me when I do not take the lunch break? Can I also file for back moneies taken if I am right?

If the inclusion of the 30 minutes per day would then cause you to work more than 40 hours per week, you would be entitled to overtime compensation. You could make a claim for overtime for the past three years. In addition to your claim for unpaid overtime, you would be entitled to an amount equal to the unpaid overtime, also known as liquidated damages. If you were required to sue for the overtime and liquidated damages, your employer would be liable for your attorney's fees and costs as well.