Can a restaraunt take a mandatory 1/2 hour lunch break out of everyone's paycheck, even though they do not let the employees take a lunch break?Can they take $4.50 per day out of their paycheck for lunch even though they do not eat lunch?If not, what can be done?Can they be made to PAY BACK all of the wages taken in this manor?
State/Country relating to question: North Carolina
We told the owner they could not do that, and he said "that's the way it works".
Hello and thank you for the question. I am sorry to read of this dilemma.Employer can take such time out of the pay ONLY if it permits that time to be taken.It may not otherwise deduct and if it does or makes other deductions without basis, the best recourse is a complaint to the labor board or a class action lawsuit. By all means, the employer would be required to pay that balance back wrongly deducted from all effected employees and may also be subject to penalties. Good luck. Hope the answer is fast and clear. I tried to expedite it for you. Kindly click on a positive rating for the answer.
What would be the best way to go about trying to get compensated for all the time and lunches charged?
He has been doing this for a period of three years, with an average of 15 people daily.
He claims that everyone, during the course of a shift, takes at least 1/2 hour off, and that they eat at least one meal during their shift, but this is false.
Best option is having a lawyer reach out to negotiate with management. This should lead him him if wise to pay immediately. The leverage of a labor board complaint or a class action lawsuit should do so. If he is foolish both of those options are effective with court action a bit faster. Good luck. Have a nice weekend. Kindly positively rate the answer.martindale.com and findlaw.com are good directories for your reference.
Licensed attorney helping employers and employees
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