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Can I be forced to work through my lunch hour for the past year on certain days and not be paid for it?

Question Details:Our office is short staffed and we have been told that no one else will be hired. I have also been told that I have to work through my lunch hour because I am the only one in the office and not allowed to leave. I work but when I get my check I have been docked those hours. I was told that we were not allowed any overtime and I just have to bring a sandwich and eat at my desk while I work. What rights do I have?

Asked 2 years ago under Employment and Labor | 871 Views | More Legal Topics

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M.D., Member, California and New York Bar | FreeAdvice Contributing Attorney Answered 2 years ago

You may be entitled to certain pay requirements pursuant to the Fair Labor Standards Act (FLSA) . 

While FSLA does not define full-time employment or part-time employment (again this is a matter generally to be determined by the employer), whether an employee is considered full-time or part-time does not change the application of the FLSA benefit requirements.  For example, for covered, non-exempt employees, the FLSA requires overtime pay to be at least one and a-half times an employee's regular rate of pay after 40 hours of work in a workweek.

Note:  Some states have overtime laws.  In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard.

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