Boss writes up employee for not working through lunch break despite automatically clocking them out every time: 'Going back 8 months, they've stolen roughly 60 hours of my time, almost $900'

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  • A man uses an iPad at work.
  • 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. Yesterday my supervisor wrote me up for "abandoning my post" because I took my lunch break during a busy period.
  • 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. 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?
  • 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. Going back 8 months, they've stolen roughly 60 hours of my time, almost $900.
  • I've documented everything and contacted the labor board. My manager is now panicking and offering to "fix the misunderstanding" if I drop the complaint. Funny how wage theft is just a "misunderstanding" when they get caught, but taking my legally mandated break is a written offense.
  • Commenters came in with their thoughts and ideas.

    R-Dragon_Thunde... • 2d ago He wants to "fix it" because in some states you're entitled to triple etc damages. Don't back down.
  • galamont 2d ago That's textbook wage theft, good call documenting everything before approaching them
  • BubzerBlue · 2d ago I've documented everything and contacted the labor board. Excellent! Its always enjoyable when a employer hits the find-out phase.
  • girlgonevegan • 2d ago Your supervisor sounds too incompetent to be managing people. I would not withdraw the complaint.
  • ClueMaterial • 2d ago The cool part is they have to fix the mistake even if you don't drop the complaint.
  • AppropriateTwo90... 2d ago 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.
  • Master_Reflection... . 2d ago 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.
  • Beneficial_Surrou... 2d ago "Just keep working and log your lunch break anyway." That's wage theft on his part you need to get a new job
  • Negative-Parfait-... . 2d ago 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!
  • Ok_Cucumber_7954 2d ago • Wage theft is the largest theft in the US by dollar amount. People get all worked up about simple shoplifting not getting any jail time sentences, but nothing is said about the billions stolen yearly in wage theft by owners. business
  • Der... 2d ago Edited 2d ago . • Yeah, your manager can get f.....ed. Tell all of your coworkers about this. Because if he's doing it to you, he's doing it to them, and not only will the labor board find that out, they will absolutely bend the business over with fines while recovering wages for everyone.
  • lamLuann 2d ago You reported it to your local Labor Board. He wants you to withdraw the complaint. Tell him NO00000. 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.
  • FlareBlitzCrits • 2d ago Usually bosses are smart enough to try and shame or guilt you verbally about being a "team player." But for your supervisor was dumb enough to write you up for not working through your unpaid break really shows how blatant they are with this.
  • Chances are they have been cutting corners in other places, maybe this will expose those as well.
  • QueenSketti • 2d ago . Oh oh oh you are in for a treat. Call the DOL-you have a lawsuit on your hands.
  • More-Jacket-9034 2d ago This is gonna be delightful when they fire you. Unlawful retaliatory dismissal. CHA CHING!! A labor attorney's dream case.
  • WithoutAHat1 · 2d ago Hold them liable for Wage Theft. There is no misunderstanding, there never was. And see who else you worked with that experienced the same, the more the merrier.
  • Ocleese 2d ago 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.
  • Intense-Pancake 2d ago • 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 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.
  • dragonstkdgirl • 2d ago Hehehe a company I worked for pulled sh like this and got a class action lawsuit as a result. They had to pay out like $13 million and went bankrupt as a result.
  • A retail worker at a clothing store organizes clothes.

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