Automatic Lunch Break Deductions Violate FLSA

Summary: A recent investigation into a healthcare facility’s payment practices for meal breaks is a stark reminder that employees are regularly subjected to wage violations. For example, automatic lunch break deductions can lead to wage theft. If you regularly work through lunch without pay, call now to discuss your legal options.

According to the Fair Labor Standards Act (FLSA), employers must keep accurate records for each employee, pay employees for all hours worked, and refrain from making unlawful deductions. While lunch break deductions are not inherently illegal, employees who are required to work through their work breaks without proper compensation are experiencing wage theft.

One recent case investigation revealed how wage theft tactics, such as automatic lunch break deductions, violate the FLSA. If you believe your employer is not paying you properly, you should contact an experienced Fair Labor Standards Act (FLSA) attorney who can investigate the matter further and explain your legal options.

Important Reminders About FLSA Rules for Meal Breaks

The point that automatic lunch break deductions can represent violations of the FLSA was reiterated after a recent investigation against a Mississippi medical center. The investigation found that the center not only illegally deducted hours worked but failed to pay required overtime pay to 110 employees.

The investigation found that the healthcare facility automatically deducted 30-minute lunch breaks from some workers’ hours. The issue arose because the facility made these automatic deductions without ensuring that workers were not working and could take the proper break.

In reality, the investigation found that nurses employed by the facility frequently had to work through their lunch breaks to attend to patient records. These automatic 30-minute lunch break deductions resulted in a failure to account for all hours worked and subsequent overtime violations, both of which breach the FLSA. The conclusion of the investigation resulted in the recovery of more than $201,000 in back wages for the 110 affected workers.

FLSA Violations from Automatic Lunch Break Deductions

The FLSA does not mandate that employers provide meal breaks. If an employer offers short breaks—typically around 20 minutes or less—these are usually considered working hours and should be paid. Meal breaks in which the workers are not performing work duties are not considered working hours and are not typically paid. A meal break is generally a period that is 30 minutes or longer.

Employers who implement automatic lunch break deductions, even though employees work through lunch and fail to account for all hours worked, are in violation of the FLSA. Moreover, if an employer habitually expects employees to work during their lunch break without proper compensation, this is against the law.

Not only can automatic lunch break deductions lead to wage theft for straight-time hours, but these practices can also cause problems with overtime calculations. Failure to calculate all hours worked due to automatic lunch break deductions can entitle workers to seek back pay for unpaid wages, overtime, and other damages.

Contact an Attorney About Automatic Lunch Break Deductions and Other Wage Violations

Automatic lunch break deductions violate the FLSA when employees are forced to work through lunch or otherwise miss out on wages they are entitled to receive. You should get in touch with a lawyer if you believe your employer is violating your rights.

You could be entitled to compensation for back pay, overtime, and interest on your unpaid wages. An attorney can review your employment records, formulate a case strategy, and take legal action on your behalf to seek all available monetary damages.

Contact our office today by filling out our online form or using the chat to receive your free, confidential review and learn what options are available to you.

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