Middle River, MD asked in Employment Law for Maryland

Q: If you don't take a break at work, can your employer still take the time out from your check?

You're over 18

You've worked over 10 hours

2 hours and 30 minutes worth of money was taken out of the check

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
  • Crownsville, MD
  • Licensed in Maryland

A: An employer must pay employees for time worked. An employer cannot refuse to pay an employee who could not take a break and who actually worked through the break. If this is the situation, you may wish to consult with an employment lawyer. The laws are set up so that the employer can be forced to pay for the employee's legal fees if the employee wins a wage / hour lawsuit.

The question (and answer) becomes more complicated if an employee refuses (or forgets) to clock out when told to take a break and the employer adjusts the hours.

Besides seeking private legal help, an employee who thinks their employer might not be paying wages / following wage and hour law could alternatively contact the state Department of Labor and speak with a government official.

While this response doesn't take the place of getting legal help, I hope it is of some assistance.

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