Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I'm a salaried employee...can I have my lunch taken away? I…

Customer Question
I'm a salaried employee...can...

I'm a salaried employee...can I have my lunch taken away?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes, I have documented it...should I send my documentation to HR?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
9/21/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,368
Experience: Employment/Labor Law Litigation
Verified

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.

Can you tell me what state you are in?

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
Remote worker-working from home office in NY...company HQ'd in Charlotte,NC
Customer reply replied 8 months ago
Also...abusive in they take away access to tools that help us do our jobs....
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

I'm reviewing the conflicts of law issue to make sure I know which state's laws apply to the lunch issue.

On the question about abuse, is it based on race, religion, gender, age, disability or FMLA use?

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

Because you work in New York, their laws would apply. Lunch breaks are required if you work a specific period of time, regardless of the type of work you do or your classification. Salaried exempt employees aren't excluded in New York.

https://www.labor.ny.gov/formsdocs/wp/LS443.pdf

Your employer may be unaware of this. Send them the law and they will either comply or not. If they retaliate against you for showing them the law, file a complaint with the New York Department of Labor and they will handle the matter (also if they refuse to return lunches to you).

On the issue of abuse, unless you can claim discrimination based on one of the factors I mentioned, there isn't anything that you can do about that. The Supreme Court has noted that employment laws are not meant to be a civility code.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star 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.

Ask Your Own Employment Law Question
Customer reply replied 8 months ago
i think it's reverse discrimination non american boss discriminating against americans....
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

That's just called discrimination now.

If you feel that that is the motivation, contact the EEOC and make a claim of discrimination.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,368
20,368 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,368 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are lunch breaks and regular breaks allowed through Texas
Are lunch breaks and regular breaks allowed through Texas law while working an 8 hour shift? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am a salaried exempt computer worker in Michigan. Why is
I am a salaried exempt computer worker in Michigan. Why is my employer allowed to use my vacation pay for partial days off one week but I get no benefit for the overtime on other weeks? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,368 satisfied customers
I am a Director of Nursing in a salary exempt position I
I am a Director of Nursing in a salary exempt position I have to take call, and occasionally go into work if a shift is not covered 24/7. I take call every weekend, and every night. I take call on my … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Is it possible to prove “reverse” discrimination? All labs
Is it possible to prove “reverse” discrimination? All labs in Southern CA are predominantly Philipino. I am being targeted by a band of 3. I'm Caucasian. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,368 satisfied customers
Have a question about labor and discrimination. I am a 60
Have a question about labor and discrimination. I am a 60 woman working in the same position and department for 16yrs. Two days ago I was put out on administrative leave pending and investigation rega… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,224 satisfied customers
We require our employees to clock out and take lunch breaks.
We require our employees to clock out and take lunch breaks. An employee was told this when hired but continuously does not clock out for lunch. This employee has been officially warned about this sev… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In N.C. if employer offers a 30 minute lunch break am I
In N.C. if employer offers a 30 minute lunch break am I required to take that break, and if I choose not to take a lunch break are they allowed to dock my time by 30 minutes … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,368 satisfied customers
According to Indiana labor law do I have to pay a salaried
according to Indiana labor law do I have to pay a salaried employee for overtime? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can you require salaried exempt employees to make up time on
Can you require salaried exempt employees to make up time on a 9/80 schedule when a holiday (8 hours) falls on a 9 hour day? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A salary exempt employee works a 40 hour work week. If that
A salary exempt employee works a 40 hour work week. If that employee typically works 5 - 8 hour days however on occasion the schedule requires night meetings resulting in 10 hour days or even 12 hour … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a Salaried exempt employee in Tennessee. If I am sick
I am a Salaried exempt employee in Tennessee. If I am sick or out for any reason I am required to use a vacation day. Even though I may still take work phone calls and work out issues from home. This … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,368 satisfied customers
I have a reverse discrimination issue. My new assistant
I have a reverse discrimination issue. My new assistant nurse manager is black. I have about 4-5 times been treated xistinctly different by her than black coworkers. I am consiering an EEO compl … read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x