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Anonymous
Anonymous asked in Business & FinanceCareers & EmploymentLaw & Legal · 2 months ago

Can an employer deduct lunch break from overtime hours worked?

I've been working with a company for a couple of years and recently I started working 10 hr shifts for 5 days a week (weekdays).

I didn't think much of my paycheck at first, but I've noticed that my work deducts my 1 hr lunch break from my overtime hours. I live in the state of California and I couldn't find much information for this specific question: Should my employers be deducting my 1 hr lunch break from my regular working hours, instead of my overtime hours?

Update:

As I stated I work 10 hours per weekday, but the full amount of hours I work per week is 45 hours. Say I'm paid biweekly, I guess I'd get paid for the extra 5 hours I worked per week on top of my regular pay. Despite that, should I still get paid for the full amount of overtime hours I worked per weekday (extra 2 hours per weekday)?

5 Answers

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  • 2 months ago

    An unpaid lunch break is always deducted before calculating overtime. In other words, if you are at work for a total of 10 hours including a 1 hour break, you are on the clock for 9 hours. That’s 8 hours of regular pay and 1 hour of overtime.

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  • Anonymous
    2 months ago

    Lunch is not paid for most jobs.  Its not out of overtime, its an hour every day. With or without OT.

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  • DEBS
    Lv 7
    2 months ago

    Federally, lunch would not count as 'hours worked' is what is counted.  Unless California has enacted something more strict, which I don't know of or see either, then Federal law would apply.

    There are sites which you can ask a lawyer for almost free.  It might be worth finding out.  I think JustAnswer is one of them.  It takes less than an hour for a lawyer to answer your question.  It's like $5 a month, but you basically can ask your question and then cancel.  So $5 for your answer.  I'm sure there are other sites as well.

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  • Judy
    Lv 7
    2 months ago

    Yes of course - and any vacation, sick days, holidays of other time off. O/T by law is only due for hours WORKED over 40 in a workweek most places, usually over 8 a day in CA.

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  • That is bs. You should bring it up to hr. They will pay you for it.

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