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Guru_Guy, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2418
Experience:  Experienced attorney in discrimination, pay, hiring, termination and other employment matters.
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I work 8 hours a day straight and am provided no lunch break

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I work 8 hours a day straight and am provided no lunch break at all. Work straight through. I am also an hourly employee. The boss also calls me after i'm off work, no matter what time it is and chews me out for stuff thats happens at work. I am very frustrated and am always worried when he might call. They also make me come in and work an extra 5 - 10 hours a payday and they don't even pay me for it! How can this stuff be legal! I work for a security company.


If you are an adult, federal labor law does not guarantee a lunch break, although some States offer such protections.

It is most definitely a violation of labor law to require you to come in and work extra time for which you are not paid if you are an hourly employee. Salaried employees can be forced to work unpaid overtime, but hourly employees must be paid for all hours worked. If over forty hours in a week, they must be paid time and a half.

Similarly, being called at home to discuss work is considered work time. As a practical matter, the occasional short call may be overlooked, but if this is a common practice and the calls are lengthy, you should be paid for that time as well. The law does not protect you from being chewed out. What is discussed is between you and your boss, but you should be paid for your time.

Many employers try to get unpaid time out of their employees. If you can keep track of this time, you can choose to sue your employer at some later time to recover all of the back pay that is owed you. You may want to speak with an attorney in your area to evaluate the possibility of such a suit.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
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