I recently noticed my boss has been deducting a 30 minute lunch break every day I work even though I rarely ever take a lunch break. She stated she is required to per New Jersey laws. No one is here at the office to cover me to take a lunch break most of the time.
They have to pay you for hours you work. If they have told you that you HAVE to take a lunch break and may not work overtime but you do anyway they can fire you for cause (no unemployment) for insubordination. She is required to give you a break. That does NOT mean "do not send someone to give you a break but dock you the pay". NJ law also REQUIRES them to pay you for your hours. Time and a half for hours over 40 per week.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
This is not a Landlord/ Tenant question, so I have moved it to the Employment & Labor forum.
You must be paid for ALL the time you are "suffered or permitted" to work. Your employer can only deduct pay for a lunch break IF YOU ACTUALLY TAKE THE TIME AND ARE COMPLETELY RELIEVED FROM DUTY.
I'm licensed to practice law only in Indiana, and we've never met, so I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
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