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Required by employer to take a break, but must continue to work?

2 Answers. Asked on Mar 07th, 2017 on Labor and Employment - New York
More details to this question:
At my current place of employment within the last 3 months I can count at least 10+ shifts where I was unable to take a break due to scheduling and lack of workers. I spoke to the director of operations who told me to (and I quote) "clock out for break, but stay on the floor to help out" which to me says "work, but don't get paid AND don't take a break" I work in the restaurant industry and my company has been sued by past employees countless times. I was looking for some legal advice and what options I could/should present to them, and if I have a lawsuit on my hands.
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Answered on Mar 10th, 2017 at 2:03 PM

You are supposed to be paid for hours worked, and hours over 40 per week are overtime and need to be paid as such.  You can sue for the difference, plus fees, but if it is not a lot, you may not want to do it.  Also, proof is an issue.

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Answered on Mar 08th, 2017 at 8:06 PM

Your employer is absolutely not allowed to force you to clock out and continue to work, essentially working for free during that time. They also can't require you to come in early and start work before you clock in or stay late after you clock out and continue to work.  You definitely have a lawsuit on your hands. 

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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