Deducting money for not taking lunch

[wolf7269]

Im an hourly employee for a service company, meaning I go from house to house and repair equipment. My company has just changed thier policy on lunches. They now say that if we dont take a lunch they will deduct 30 mins from our time. I have researched the department of labor and they say that time worked can not be deducted, to include lunches or even if your off the clock and performing duties your are to be paid for that time. I have showed them this in the fair labor standards guide. And they say well if it policy then they are allowed to take the money. They also told me they are doing it to help cut overtime. I told them that if we are required to take a lunch it will not cut overtime simply because if we have 9 hours worth of calls for the day then we will still work 9 hours weather we take a lunch or not. It will just get us home 30 mins later. Is there a court case somewhere that anyone knows of that I can show them where lunches taking out where over turned and had to be repaid. In hopes that this will change thier mind on this policy. Oh and by the way I have contacted the department labor on this and the lady I talked to said the employer can take the money, but in thier own policy it say otherwise. Goes to show they dont even follow thier own policies. All Im looking for on this is honest pay for an honest days work. Thanks for the help

 

[cbg]

In what state are you?

Please note that no matter what the answer, the employer may legally require that you take a lunch break, and can discipline you for not taking one, up to and including termination. They cannot dock you for a break you did not take, but they can discipline you in pretty much any other way they find appropriate including firing you. This remains true whether there is a mandatory lunch break by state law or not. So no matter what state you are in, if your employer wants you to take a lunch break, you'd better start taking a lunch break. If that means you get home half an hour later, then that's what it means, and maybe if the employer sees that it doesn't affect overtime, they'll change the policy. But while the discipline cannot take the form of docking, you CAN be disciplined for not taking a lunch break your employer wants you to take.

However, I can help you with the specifics you are looking for better if I know what state you are in.

 

[wolf7269]

Im sorry I didnt mention the state, Im in Georgia. I knew that Ga defaulted back Federal so I falled to mention the state. I did tell them they could write me up or fire me but could not take money from mine or anyone elses check. I even told them what could happen to them if they were sued, to include paying it back twice the amount that was taken, court cost,fees, and even jail time. It is ashame that this law is broken so much, and everyone thinks a company has the right to take it. Weather it be they dont know or just wont stand up for what is right. Thanks for your help

 

[cbg]

You're not going to find any specifics in Georgia. About all you're going to be able to do is either file a complaint in small claims court or alternately file one with the US DOL for unpaid wages.

But start taking that lunch break. You can be fired for not taking it and you do have the responsibility of mitigating your damages.