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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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Can an employer (who knows) that their time clock deduct an

Customer Question

can an employer (who knows) that their time clock deduct an hour of pay from your paycheck if you do not clock out for break/lunch after a 6 hour period and never tell you this is happening? The only way I found out about it is I was questioning my employer about the hour beeing taken out. Had I not noticed it nor questioned it I would have never known about it. What they are telling me know is that they will not pay for the hours taken off by their time clock cause my supervisor never told me not to take a lunch hour
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

An employer can require that employees take a break and even make it a disciplinary issue if employees do not. However, an employer cannot deduct time from your pay unless you actually do take that lunch.

For any time at work to be unpaid, you must not be working for at least 30 minutes. The employer here is wrong and the Texas Workforce Commission will inform them of that after you file a wage claim with the TWC.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 2 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.