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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15690
Experience:  Employment/Labor Law Litigation
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can employer demand that a single hotel employee with no relief

Resolved Question:

can employer demand that a single hotel employee with no relief who works 11pm-7a.m. shift, come into work and leave 15 minutes earlier and later in order to punch out for a 30 minute unpaid meal break that cannot be totally uninterrupted & free from all hotel duties and for 11 yrs. employee did not have to punch out for lunch, demand made recently but only of this one specific employee and not made of others in similar situation? would this be considered harassment or discrimination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

We'll discuss the lunch issue in a second.

 

First, on what basis do you believe you are being singled out? Race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.

unsure, age and/or gender I am 60 and no one at my job is over 44 plus the other person who holds same posistion as me is a 44 yr old male and he does not have same demand put to him from managment, i asked him

Expert:  Allen M., Esq. replied 1 year ago.

Ok. It could be discrimination based on age (though with others over 40 not being treated the same, that cuts against the age discrimination argument) or gender.

 

Even if it isn't though, it's illegal. If you can not take a 30 minute, uninterrupted meal break, it is illegal to make you clock out for it.

 

The problem that you have here is that two different agencies deal with the two potential problems. The EEOC deals with gender and age discrimination. The Department of Labor deals with the improper requirement to clock out when you are not getting the lunch period.

 

You can choose to report to both agencies or pick which one you'd prefer to go with first. If picking one, I'd go with the Department of Labor, as it is an obvious legal violation to require what they are requiring on the clocking issue, whereas, it's much less obvious that this is discrimination based on your age or gender.

 

In either case, it would be illegal for them to retaliate for your filing of the complaint.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15690
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 4 other Employment Law Specialists are ready to help you

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