Q: I am being overloaded with work and I don't have time to take my lunch break just to finish assignments. Is this legal?
I am paid hourly and required to complete a certain number of assignments each day. I don't take a lunch just to finish the assignments and the company does not allow overtime.
A: Your employer is not required to allow or offer break time, so having to work through lunch is not, in and of itself, unlawful. However, since you are paid hourly, you must be paid overtime at a rate of one-and-one-half times your regular rate of pay for all hours worked over 40 in a workweek. If you work more than 40 hours in a week and your employer refuses to pay you for the extra time, or if a lunch break (that you don't get to take) is automatically deducted from your pay, then this could result in the company's failure to pay you overtime in violation of the Fair Labor Standards Act.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
