Asked in Employment Law for New Hampshire

Q: New Hampshire. Amazon driver. Hourly, full-time. Worked 12.5 hours on a shift.

Manager changed employees time clock to reflect a 30 minute break without the employee's consent. Is this legal in the state of New Hampshire?

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1 Lawyer Answer

A: Under the Fair Labor Standards Act, an employer is required to pay its employees for all time spent performing “compensable” work. However, employers do not have to compensate employees during “bona fide meal periods.” A bona fide meal period is a break during which an employee is relieved from his or her job duties for the purpose of eating a meal. Assuming the 30-minute deduction was intended to cover a meal break, whether your employer can deduct the 30-minute break from your time clock depends on whether you were able to actually take a break versus continuing to perform your duties throughout that break. You should consult an employment attorney in your area to discuss your situation in more detail.

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