If your employer automatically deducts lunch breaks you didn't take, or requires you to work before/after your shift unpaid, you are entitled to back wages.
When employers steal your wages, we work overtime to get them back
(877) 466-WEDO (9336)No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Many employers automatically deduct 30 minutes or an hour for lunch, regardless of whether you took the break. Under federal law, for a break to be unpaid, it must meet ALL of these criteria:
You must be completely relieved of all duties
You must be free to leave your post
The break must generally be at least 30 uninterrupted minutes
Automatic lunch deductions are just one form of wage theft. You must be paid for all time you are required to work.
Booting up computers, logging into systems, or putting on specialized gear before clocking in is compensable work.
Cleaning up work areas, locking doors, or undergoing security checks after clocking out must be paid.
Travel between job sites during the workday is work time. (Commuting from home to work is generally not).
Required training, courses, or staff meetings outside of regular hours must be paid.
Small deductions add up to massive amounts because they often push you into overtime territory. Here is the math:
Scenario:
The Calculation:
True Hours Worked: 50 + 2.5 = 52.5 hours
Unpaid Overtime: 2.5 hours × $30/hr = $75/week
Annual Unpaid: $75 × 52 weeks = $3,900/year
2-Year Recovery (Wages): $7,800
Liquidated Damages (DOUBLE): +$7,800
TOTAL RECOVERY: $15,600
Meal breaks are not required. However, if an employer provides a break (usually 30+ mins), it must be completely duty-free to be unpaid.
Required: 30-min unpaid break for 5+ hours. Penalty: 1 hour of extra pay for each missed break.
Required: 30-min break for shifts over 6 hours (60 mins for factory workers).
Required: 20-min meal break for shifts of 7.5+ hours. Must begin no later than 5 hours into shift.
Required: 30-min unpaid break for 5+ hours. Plus 10-min paid rest breaks every 4 hours.
Required: 30-min break for 5+ hours. Must be PAID if on-duty or required to stay on premises.
Required: 30-min unpaid break for 6+ hours. Plus strictly enforced 10-min paid rest breaks.
Required: 30-min unpaid meal break for shifts over 6 hours. Employee must be free to leave.
Required: 30-min meal break for 7.5+ hour shifts. Must be given between 2nd and last 2 hours.
Required: 30-min unpaid break for shifts of 7.5+ consecutive hours.
* Laws vary by state and are subject to change. Contact us for specific advice on your location.
If you're working through lunch or off-the-clock while your employer pockets the difference, we can help you get that money back.
There is no risk to find out if you are owed money. We only get paid if we win your case.