Required to work during an unpaid break?

[maddox]

Does anyone know the labor laws for the State of PA? At my work we are required to take a 30 minute unpaid lunch on every shift even if your working less than 6 hours but we are while we are not being paid for that 30 minutes we are forced to still perform our work duties. I didnt think this was legal but I have looked everywhere online and havent found anything anywhere that talks about it. Basically it comes down to us working for free for 30 minutes.

[christie42]

FEDERAL law requires them to pay you if they are requiring you to do ANYTHING work related.

It's in the Fair Labor Standards Act.

If you are not being paid for those 30 minutes they cannot tell you what you can or cannot do. They cannot tell you that you have to even stay in the building if you are not being paid for the time.

http://www.dol.gov/whd/index.htm
http://www.dol.gov/whd/regs/compliance/whdfs22.pdf
See the section under "Rest and Meal Periods"
"Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating."

If you want to file a complaint you can find the nearest Dept of labor Wage and Hour Division office here:
http://www.dol.gov/whd/america2.htm

Edit. Regardless of what others have said, the law DOES NOT require them to give you a break, no matter how many hours you work. However, if you do have an unpaid break, they cannot ask you do do anything work related.
http://www.dol.gov/whd/flsa/faq.htm

"When must breaks and meal periods be given?"

"The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative)."

[curadhan74]

Have you talk to your management about it?

Did you state to them that you have 30mins unpaid break? That legally during your break you don't have to work?

Legally under your contract you have a 30mins unpaid break, if your employer make you work during your 30mins break, take them to the tribunal and make your employer pay for the all the 30mins you work without pay and if you still with the same employer that in the future it don't happen again.

Good Luck with it.

[langford59]

That is a clear violation of labor law.
I'm not sure exactly what the law in PA is, but you can search for it online by typing things like "PA labor code" "PA break period" and things like that. You can also contact a labor law attorney who will most likely tell you if you have a case free of charge.

[thacher]

it is illegal and all you need to do is call the pennsylvania labor board.

[abelard29]

That is a definite violation of the law. I've been at places that would practically fire you if you worked "off the clock" because it wasn't technically legal.

I believe it's something like for every 4 hours you work, they're required to give you a break anyway. That's why people who work 8 hour days typically have 2 breaks and a lunch.

You should calmly approach your HR manager and let them know the situation if they don't know about it already. Be nice about it, but be clear that you know they're violating the law. I'm not sure what state you live in, and labor laws sometimes vary, so be sure to do some quick research on this, just so you have proof to back up this claim. The HR manager is going to know that you're right, but it's best if you make it look like you legitimately know that this isn't allowed rather than that you assumed and are hoping you're right.

If the HR manager refuses to act, report it to authorities outside your workplace. If nothing else, try telling your local newspaper. Any sort of local press coverage alleging wrongdoing can change a lot, even if the business is only trying to cover themselves.

Just be careful doing this. They can't legally fire you over it, but they can "target" you. In other words, they can make your life at work miserable and look intensely for other reasons to fire you. You may want to write a letter to the HR manager, slip something into the suggestion box if there is one.

Companies will do A LOT to ensure that they aren't sued. In other words, it shouldn't take much to get this issue corrected.