Legal Question in Employment Law in Mississippi

Lunch Break Pay

I work for an employer that allows employees to take a 1 hour lunch break. Occasionally employees can not fit a lunch break into their schedule. The employer still deducts pay for the 1 hour. Is this legal? Since the employee is still on the clock, shouldn't they be paid for the hour?


Asked on 1/19/08, 10:18 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Lunch Break Pay

Under the FLSA it is unlawful for an employer to deduct from your wages time that you spend working. It may be unlawful for an employer to deduct from your wages for the time spent at lunch, but this is extremely fact intensive. If you have questions about this, you should consult with an experienced labor and employment attorney to discuss the application of the Fair Labor Standards Act to your specific situation.

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Answered on 1/20/08, 5:40 pm


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