In the state of SC is it legal for an employer to automatically take out 30 minutes everyday for lunch?
My employer automatically takes out 30 minutes a day for lunch whether or not I clock out for lunch. Is that legal?
Answers:
No it is not legal. In most states employees are entitled to break times after working a set number of hours and you can be reprimanded for not taking those breaks. In other words you have the right to take a break and your employer cannot force you to work without one, but under no circumstances can an employer have a policy where you are not paid for time worked.
Not only are you entitled to be paid for all time worked, but if an employer has policies that are contrary to the Labor code, he may be responsible for any wages owed. Which means he may have to pay every hourly employee 1/2 hours wage for every day they worked since that policy was instituted. This would probably include any employees that are no longer with the company.
You can contact the South Carolina Dept of Labor, Licensing and Regulation at http://www.llr.state.sc.us/. This site will also have phone numbers , forms, and a more definitive answer to your question
Yes it is. By law you're required to have 30 minutes or 1 hour of unpaid time regardless of whether or not you personally decide to take a lunch.
It is legal in every state, it is mandatory that you take off at least 30 minutes, if you don't then it's on you.
since SC is a "right to work state" yes. RTWS have laws stating that if you work 4 hours you get one 15 minute paid break. and if you work 8 hours you must recieve one 30 minute unpaid break, and two 15 minute paid breaks. also, if you work 12 hours, you get 3 15 min breaks, and one 30 unpaid lunch. more than 12 hours you get one paid 30 minute break added on to the 12 hour break schedule.
You are required by law to take at least 30 minutes for lunch, even if you do not have lunch. You can do whatever on this time, you just can't work.
If you don't take a lunch, and the big guys find out, it's money out of the store's pocket [a $10,000 dollar fine i believe here in NC] and less money=less hours for the employees.
This especially goes for minors.
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