ATTORNEY ADVERTISING | Paul M. Botros, Esq. | Licensed in Texas and Florida

Automatic Deductions & Off-the-Clock Work

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.

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Calculate Your Unpaid Overtime

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).

How Are You Paid?

$ /hour
hours
Must be your *paid* hours (can be under 40)
weeks
Default is 1 year (52 weeks). Adjust if different.

Did You Perform Work Off-the-Clock?

This includes work before/after shifts, during breaks, or from home that wasn't recorded or paid.

This calculation is an estimate based on applicable labor laws. Your actual recovery may vary based on state laws and specific circumstances.

When Are Deductions Illegal?

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:

โœ…

Completely Relieved

You must be completely relieved of all duties

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Free to Leave

You must be free to leave your post

โœ…

30+ Minutes

The break must generally be at least 30 uninterrupted minutes

โŒ

Common Violations

Working Through Lunch: You eat at your desk while answering phones or emails.
Interruptions: You are called back to work 15 minutes into your 30-minute break.
Restricted Movement: You are required to stay in the building or break room "just in case."
Radio Watch: You must keep your radio on and respond to calls during lunch.

Other "Off-the-Clock" Violations

Automatic lunch deductions are just one form of wage theft. You must be paid for all time you are required to work.

๐Ÿ•’

Pre-Shift Prep

Booting up computers, logging into systems, or putting on specialized gear before clocking in is compensable work.

๐Ÿงน

Post-Shift Cleanup

Cleaning up work areas, locking doors, or undergoing security checks after clocking out must be paid.

๐Ÿš—

Travel Time

Travel between job sites during the workday is work time. (Commuting from home to work is generally not).

๐Ÿ“š

Training & Meetings

Required training, courses, or staff meetings outside of regular hours must be paid.

The "Multiplier Effect" of Unpaid Breaks

Small deductions add up to massive amounts because they often push you into overtime territory. Here is the math:

Scenario:

  • โ€ข You work 50 hours per week (on the clock).
  • โ€ข Your employer deducts 30 mins/day for lunch (2.5 hours/week).
  • โ€ข You actually work through lunch.
  • โ€ข Your hourly rate is $20/hour (Overtime rate: $30/hour).

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

Industries With Frequent Violations

๐Ÿฅ Healthcare
๐Ÿ›๏ธ Retail
๐Ÿ‘ฎ Security
๐Ÿ“ž Call Centers
๐Ÿญ Manufacturing

Meal Break Requirements by State

Federal Law (Texas, Florida, etc.)

Meal breaks are not required. However, if an employer provides a break (usually 30+ mins), it must be completely duty-free to be unpaid.

California

Required: 30-min unpaid break for 5+ hours. Penalty: 1 hour of extra pay for each missed break.

New York

Required: 30-min break for shifts over 6 hours (60 mins for factory workers).

Illinois

Required: 20-min meal break for shifts of 7.5+ hours. Must begin no later than 5 hours into shift.

Colorado

Required: 30-min unpaid break for 5+ hours. Plus 10-min paid rest breaks every 4 hours.

Washington

Required: 30-min break for 5+ hours. Must be PAID if on-duty or required to stay on premises.

Oregon

Required: 30-min unpaid break for 6+ hours. Plus strictly enforced 10-min paid rest breaks.

Massachusetts

Required: 30-min unpaid meal break for shifts over 6 hours. Employee must be free to leave.

Connecticut

Required: 30-min meal break for 7.5+ hour shifts. Must be given between 2nd and last 2 hours.

Delaware

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.

Frequently Asked Questions

Is it legal for my employer to automatically deduct lunch breaks?

Yes, automatic deductions are legal IF you actually took a duty-free break. However, if you worked through lunch, were interrupted, or couldn't leave your post, the deduction is illegal. Under FLSA regulations, for a break to be unpaid, you must be completely relieved of all duties and free to leave your work area for at least 30 uninterrupted minutes.

What if I eat at my desk while working - does that count as a break?

No. Working while eating is not a legal unpaid break. If you're answering phones, responding to emails, monitoring equipment, or performing any work duties while eating, that time must be paid. The Department of Labor is clear: you must be completely relieved of all duties for a break to be unpaid.

Can my employer require me to stay in the building during lunch?

It depends on the restrictions. If you must stay "just in case" you're needed, keep a radio on, or remain available to respond to calls, that's compensable time. Courts have ruled that being required to stay on premises while remaining available for work means you're not truly relieved of duties, making the time payable.

What about pre-shift and post-shift work - do I have to be paid for that?

Yes. All work performed before clocking in or after clocking out must be paid. This includes booting up computers, logging into systems, putting on specialized gear, cleaning work areas, undergoing security checks, or any other work-related tasks. The FLSA requires payment for all hours worked, regardless of when they occur.

How much can I recover for unpaid lunch breaks?

You can recover unpaid wages for 2-3 years (3 years if willful), plus liquidated damages equal to your unpaid wages (effectively doubling your recovery), plus attorney fees and costs. Because these violations often push you into overtime territory, recoveries can be substantial. For example, 30 minutes/day of unpaid lunch over 2 years could result in $10,000-$20,000+ in total recovery.

Do healthcare workers have special protections for meal breaks?

Federal law applies equally to all industries, including healthcare. Nurses, CNAs, and other healthcare workers are frequently victims of automatic lunch deduction violations because they're often interrupted during breaks or required to remain on-call. Some states (like California) have additional protections and penalties specific to healthcare workers.

What if my employer says I "agreed" to work through lunch?

You cannot waive your right to be paid for time worked, even if you agreed to it. Any agreement to work unpaid is invalid under federal law. If you worked, you must be paid - period. Courts consistently reject employer arguments that employees "volunteered" to work off-the-clock.

Can I file a claim if I'm still employed there?

Yes. Federal law prohibits retaliation for filing wage claims. Many workers successfully file claims while still employed. If your employer retaliates (fires, demotes, reduces hours, or otherwise punishes you), that's a separate legal violation with its own damages. We can discuss strategies to protect your rights, including collective actions where multiple workers file together.

Are your lunch breaks being stolen?

If you're working through lunch or off-the-clock while your employer pockets the difference, we can help you get that money back.

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