Employee Inquiry:
“I’m a full-time employee, and I regularly work between 50–55 hours a week. Every day, I power through my shift without taking a lunch break. But I noticed my paycheck always includes a ‘paid lunch’ automatically—whether I take it or not. It’s calculated as part of my regular hours, not overtime. That means I’m missing out on about 2.5 hours of overtime pay every week.
Is that allowed?”
How the411HR Helped:
When this employee contacted the411HR, we took the time to understand the issue and walk her through her rights under federal and state labor laws.
1. Clarifying the Problem
We confirmed that the employee was working 10–11 hours per day, five days a week, totaling well above the standard 40 hours. However, her employer was deducting a daily 30-minute lunch break automatically—even though she never actually took one. These deducted hours were calculated at her regular rate, not overtime.
2. Educating on Overtime Laws
We explained that under the Fair Labor Standards Act (FLSA) and New Jersey state law, employers must pay overtime (1.5x the regular rate) for any hours worked beyond 40 in a week. Additionally, if a meal break is automatically deducted but not actually taken, those 30 minutes are legally considered work time and must be paid accordingly—including overtime if applicable.
3. Identifying Employer Missteps
We helped the employee recognize that her employer was effectively shaving time off her workweek by deducting a meal period she didn’t use. By not tracking actual lunch breaks—or allowing a system to override real hours worked—her employer may have been in violation of both wage and hour laws and recordkeeping regulations.
4. Providing Steps to Take
We coached the employee on how to bring up the issue with her manager or HR department professionally and confidently. We helped her draft a statement requesting a review of her hours and seeking back pay for any overtime lost due to automatic lunch deductions.
5. Referral to Legal Support
Because wage theft—especially involving repeated misclassification of hours—is a serious matter, we referred her to an employment attorney who specializes in wage and hour violations. This gave her access to expert legal advice to explore potential remedies, including retroactive overtime compensation.
6. Continued Support
We stayed connected with the employee to ensure she felt supported and informed throughout the process. Our team provided encouragement and resources to help her advocate for herself—without fear of retaliation or confusion.
The Outcome
With the411HR’s guidance, this employee was empowered to challenge an unfair pay practice and protect her right to full and fair compensation. She gained clarity, confidence, and a clearer path forward—with someone finally on her side.
