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Break payment

Discussion in 'Wage and Hour, Overtime' started by Alexandru Paval, Jul 3, 2020.

  1. Alexandru Paval

    Alexandru Paval Law Topic Starter New Member

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    Jurisdiction:
    New York
    My employer doesn't pay breaks, so if you work 7 shifts even if they are 6 hours they will take 3.5 hours out of your check. Your check will show 38.5 hours. The break is taken even if you don't physically take a break. The interesting part comes when i'lI work 8 shifts they will take the break from 48 hours that means you'll get 44 hours on your check, and all you're break is taken from overtime pay.
     
    Last edited: Jul 3, 2020
  2. army judge

    army judge Super Moderator

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    Cool story, bro, thanks for sharing it with us.

    Now here's a cool story for you.

    This is what NY State Labor law says about breaks, as promulgated and published by the state:

    https://www.labor.ny.gov/legal/counsel/pdf/meal-and-rest-periods-frequently-asked-questions.pdf
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Check with the NY Dept of Labor to see if that's proper.
     
  4. cbg

    cbg Super Moderator

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    I'll tell you right now, it's not.
     
  5. mightymoose

    mightymoose Moderator

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    Agreed. It seems the pay is not being calculated correctly.
    Not taking your breaks when you are required to could result in you getting fired, but if you are working you must be paid for that time.
     

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