'My manager is now panicking': Retail worker written up for taking legally required lunch breaks, discovers company auto-deducted 30-minute breaks even when she worked through them, costing her $900 in unpaid wages, so she reports them to the labor board

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    Clothing store employee sitting at a desk
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    Got written up for not working through lunch, but then discovered I wasn't being paid for it anyway

    I've been at this retail job for 8 months. Store policy says we're entitled to a 30 minute unpaid lunch break for shifts over 6 hours.
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    Yesterday my supervisor wrote me up for "abandoning my post" because I took my lunch break during a busy period.
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    When I explained I'm legally entitled to a lunch break, he said "Everyone knows you're supposed to eat at the register when it's busy.
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    Just keep working and log your lunch break anyway." Wait...what? So they expect me to work through lunch while still clocking out for 30 minutes?
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    I decided to check my time cards. Sure enough, I've been automatically clocked out for 30 minutes every shift, even on days when I worked straight through.
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    Eating lunch while working
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    Going back 8 months, they've stolen roughly 60 hours of my time, almost $900. I've documented everything and contacted the labor board.
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    My manager is now panicking and offering to "fix the misunderstanding" if I drop the complaint.
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    Funny how wage theft is just a "misunderstanding" when they get caught, but taking my legally mandated break is a written offense.
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    R-Dragon_Thunderzord He wants to "fix it" because in some states you're entitled to triple etc damages. Don't back down.
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    galamont That's textbook wage theft, good call documenting everything before approaching them
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    ClueMaterial The cool part is they have to fix the mistake even if you don't drop the complaint.
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    girlgonevegan Your supervisor sounds too incompetent to be managing people. I would not withdraw the complaint.
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    Boss pointing to the time on his watch
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    Appropriate Two9038 classic. they want you to work for free. don't back down. document everything, keep the complaint going. make sure they pay what they owe you.
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    Master_Reflection 579 Crime is a social construct and this demonstrates exactly why that is the true. For example, consider what would happen instead if you were to have taken $900 from the till. The legal response would have been very different.
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    Beneficial_Surround3 "Just keep working and log your lunch break anyway." That's wage theft on his part you need to get a new job
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    Negative-Parfait-804 Absolutely do not back down, because if they've done it to you, they've done it to others. The investigation by the labor board will uncover this, and they will be in big fat trouble. Hold the line!
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    Interior of clothing store
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    lamLuann You reported it to your local Labor Board. He wants you to withdraw the complaint. Tell him NOOOOOO. DO NOT DROP THE COMPLAINT. HE deserves what he gets for trying to steal from everyone. Good Luck with that Law Suit. Stand Your Ground & keep safe.
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    Ocleese My company (grocery store) got a $250,000 fine for auto-clocking people out for breaks years ago. The state DoL will enjoy this one.
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    Intense-Pancake Let your boss squirm and continue to escalate this. Guaranteed is this happening to ALL the employees, so definitely get the labor board to come crashing down on
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    him. Let him panic, let him beg. Just do all this with a smile on your face. If you handle this right, you'll be owed quite a few bucks. He'll be forced to pay you.

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