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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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I been on my job 8 years, they take 30 mins out my 8 hour

Customer Question

I been on my job for about 8 years, they take 30 mins out my 8 hour day everday for a lunch I donot take, 3 questions 1.is this legal. 2 can I have them stop if it is legal and 3 can I get compensation for the all the time that was taken out
Submitted: 10 months ago.
Category: Employment Law
Expert:  retireddebra replied 10 months ago.

What province is this please?

Are you in a union?

Customer: replied 10 months ago.
I live in new york city, and I am not in a union
Expert:  retireddebra replied 10 months ago.

This question is on the Canada law list. I will ask the site to move it to the correct list.

Customer: replied 10 months ago.
Ok thank you
Expert:  Phillips Esq. replied 10 months ago.

I been on my job for about 8 years, they take 30 mins out my 8 hour day everday for a lunch I donot take, 3 questions 1.is this legal.

Response 1: No, it is not legal if you did not take the breaks.

2 can I have them stop if it is legal

Response 2: You can make a demand for the deduction to stop and for you to be paid for all hours wrongfully deducted from your earnings.

and 3 can I get compensation for the all the time that was taken out

Response 3: You can make a request to the employer for compensation. If your request is denied or ignored, you can file wage claim with New York State Department of Labor. Click on the links below for information on wage claim and to download the wage claim form:

https://www.labor.ny.gov/workerprotection/laborstandards/workprot/lshmpg.shtm

https://www.labor.ny.gov/formsdocs/wp/LS223.pdf

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