Hourly employees know that clocking in and out every day is part of the daily grind. Without those punches on the time clock your employer would not know when you worked and how long you were there.
Though most states have guidelines that require employers to provide breaks, sometimes employees are not able to take breaks as scheduled. It could be that another employee called out sick and your boss needs you to keep working until a replacement can arrive, or it could be an honest mistake and you forget to take your breaks.
In some cases, though, your company’s timekeeping system might automatically clock you out for breaks whether or not you are actually taking them. If done intentionally, this could be considered a form of wage theft.
Wage theft encompasses a variety of situations where employers fail to pay employees for the work they have completed including failure to follow minimum wage guidelines, failure to provide a final paycheck upon leaving a job, not paying overtime, not being paid at all and not receiving payment for the total hours worked.
If your company’s timekeeping software is automatically punching you out for breaks that you are not taking, then you need to take action to receive payment for the time you worked.
Does An Employer Have To Pay You During Breaks?
The general standard most people are familiar with is that employees who work 8-hour days will receive two 10-15 minute breaks and a 30-60 minute lunch. In most cases the two 10-15 minute breaks are on the clock and then the employee clocks out for lunch.
Your employer does not have to pay you for your breaks, but if you are working during your breaks then you should definitely be paid for them.
If you work five days each week and have two 15-minute breaks that you work through but are not paid for, that adds up to two and a half hours of work for which you are not being compensated.
The key to remember is that your employer might not pay you to take your breaks, but when you are not taking your breaks and not being paid for that work, there is a problem because you are entitled to compensation
What To Do If Your Time Tracking Software Is Automatically Deducting Breaks
If your company’s timekeeping system automatically deducts breaks and you are not taking breaks, then you need to take action.
The first step should be a conversation with human resources or payroll to determine how to fix the problem. In some cases, it could be that your supervisor is supposed to have a break schedule and is not enforcing it, in which case you should receive payment for that time and a change will need to be made to ensure that this does not keep happening.
You should also keep track of your own hours so that you can make sure that everything matches on your paystub. If you regularly work 40 hours each week and you start to see that you are getting paid for 37.5 hours, then you should find out why those 2.5 hours are missing.
Another step you can take to determine if the timekeeping system is automatically deducting your breaks is to compare your pay stubs to see if you are making the same amount of money from paycheck to paycheck. If you know that your hours are the same each week but the amount of money you are being paid is different, then you should consult with HR to find out if the timekeeping system is deducting time from breaks you are not taking.
Speak With An Attorney
If you suspect that you have been a victim of wage theft because your employer uses a timekeeping system that has been deducting breaks automatically, and if your company’s HR or payroll department is not willing to help you to resolve the issue, then you have two options. You can either file a wage theft claim against your employer with the Department of Labor Wage and Hour Division (WHD) or you can file a private lawsuit.
No matter which option you choose to pursue, it is beneficial to work with an employment law attorney who can help guide you through the process and help ensure that you have access to all of the damages available to you. An experienced employment attorney will help you to gather evidence and advocate on your behalf through the entire process.
Though working with an attorney does not guarantee that you will win your case, it can greatly improve the chances of a favorable outcome. Some attorneys will meet with you for a free consultation, and many of them will work on a contingency fee basis so that you do not have to pay up front, and you will only pay if you win your case.
For more information about how an employment attorney can help you, fill out a free case evaluation.
