Results 1 to 6 of 6
  1. #1
    Join Date
    Nov 2013
    Posts
    2

    Default Am I Owed Pay for Working Through Lunches

    My question involves employment and labor law for the state of: Missouri.

    Hi. I have a question about compensation for working through lunch breaks. I work as an hourly manager in a retail store. Company policy says that if I work 6-7 hours I get a 30 minute lunch break and a 1 hour break for 7+ hours. These breaks are off the clock and unpaid. During these breaks I have to carry the store phone to answer customer calls, perform returns/voids/transaction aborts for cashiers and quite often check out customers. No one is ever allowed to leave the premises during their lunch period either. I have worked at this store 6 days a week for over a year and never once had an uninterrupted break. I am just wondering if this is legal. I feel like I should be paid for this time and I am being taken advantage of. Are they legally required to pay me for this time?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Am I Owed for Working Through Lunches

    Missouri employers don't have to allow you a break, but if you do work through a break you're entitled to be paid.

    See more here (this is NOLO's synopsis) :

    Am I entitled to a lunch or rest break?

    Missouri does not require employers to provide lunch or rest breaks. However, you are entitled to be paid if you have to do any work during a break (for example, if you have to cover the phones while you eat lunch). And, generally, you are entitled to be paid for any short breaks (five to 20 minutes) your employer provides; this time is considered part of your work day.

  3. #3
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Am I Owed for Working Through Lunches

    Thank you for your response. I have a few more questions if anyone has had to deal with this situation before. Do you think it would be possible to get paid for the time I am owed and correct the problem for the future with out getting fired in the process? And how would you do that?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Am I Owed for Working Through Lunches

    Quote Quoting Almostowned
    View Post
    Thank you for your response. I have a few more questions if anyone has had to deal with this situation before. Do you think it would be possible to get paid for the time I am owed and correct the problem for the future with out getting fired in the process? And how would you do that?
    Unfortunately that could be a problem. You are part of the management team and they tend to expect you not to "make waves". You may be able to force them to change their policies on the issue but it may end up benefitting future employees more than yourself. They would not be able to fire you in retaliation but they could sure figure out another reason to fire you a couple of months down the road.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Am I Owed for Working Through Lunches

    That's an absolutely valid concern, yes.

    It's one thing saying something and being fired a week later; it's another thing entirely to say something and be fired 6 months down the road.

  6. #6
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Am I Owed for Working Through Lunches

    There are two different issues here.
    - If you are non-exempt, someone subject to the normal federal (FLSA) laws on hours worked, then you must be paid (at least) minimum wage for all hours worke and you must be paid overtime on hours worked past 40 in the workweek (if applicable). Hours worked are hours worked, so hours worked through lunch are no different then hours worked during non-lunch time. Federal law also makes it clear that breaks (20 minutes or less) are paid.
    - However unrelated to this issue is whether or not the employer actually allows employees to work through lunch, or unauthorized overtime (sort of the same thing). While employers MUST pay non-exempt employees for all hours worked, they can legally fire them for working unapproved hours.

    Several other issues.
    - "Manager" is just a title and has no meaning by itself legally. But I can say that many/must managers tend to be paid as Salaried Exempt under the Executive or sometimes Professional or Administrative exceptions. I am not saying that is true for you, but you might want to first eliminate those possibilities prior to pushing on this other issue. Exempt status is a function of the actual job duties and sometimes the industry. I can say that a manager being Exempt and Hourly is not legally impossible but unusual. And anything unusual should usually be looked at carefully prior to proceeding.
    - IF you are terminated BECAUSE you filed a wage claim with the government for unpaid hours under FLSA or similar state laws, then you in theory have a "wrongful termination" under FLSA (or similar state laws). HOWEVER, you saying that you were fired because of the wage claim is not the same as you PROVING that was the reason. More over, formally filing a wage claim with the government and getting fired is legally very different from talking to your employer and getting fired. I am not saying that there is no possible legal recourse in the second situation, but the first situation is much legally stronger.

    Just a thought, but there is a lot to be said for just not working through lunch.

    1. Sponsored Links
       

Similar Threads

  1. Calculation of Support: Father Wants Refund of Money Paid Toward School Lunches, Credit Balance
    By Chede in forum Child Custody, Support and Visitation
    Replies: 8
    Last Post: 09-05-2012, 11:01 AM
  2. Ticket Errors: Issued Fix It Ticket for Not Working Brake Light, but Everything Working
    By jenny11 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-16-2010, 05:28 AM
  3. Severance Owed
    By brocco in forum Employment and Labor
    Replies: 5
    Last Post: 02-12-2009, 12:52 PM
  4. Business Disputes: Sued For A Fee That Isn't Owed
    By patjams in forum Business Law
    Replies: 6
    Last Post: 06-18-2008, 02:43 AM
  5. Compensation and Overtime: Lunches and Breaks
    By shirleyd in forum Employment and Labor
    Replies: 2
    Last Post: 11-29-2007, 12:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources