Pay Statements
Check whether your pay statements show hours, deductions, or differences between the time worked and the time paid.
EMPLOYMENT RIGHTS IN NEW YORK
MEAL BREAK DEDUCTIONS
Does your employer automatically deduct meal-break time even when you continue working or your break is interrupted?
Depending on the circumstances, that time may be considered work time and may need to be paid.
WHEN THERE MAY BE A PROBLEM
IS LUNCH TIME DEDUCTED EVEN THOUGH YOU CONTINUE WORKING?
A meal break may be unpaid when an employee is completely relieved of work responsibilities. However, there may be a problem if the employer deducts that time while the employee continues performing work.
- You assist customers or handle calls or orders during your break.
- You eat at your workstation because you cannot leave the work area.
- Your supervisor regularly interrupts your break to assign work.
- The timekeeping system automatically deducts lunch even when you do not receive a complete break.
- You must monitor equipment, respond to messages, or remain available to work.
USEFUL DOCUMENTS
WHAT INFORMATION MAY HELP?
Keep any information that may help show when you worked and what time was deducted from your pay.
Time Records
Keep photographs, timekeeping-app screenshots, work schedules, and attendance records.
Messages and Emails
Keep instructions received during your break or messages showing that you continued working.
Personal Notes
Record the dates, length of your breaks, interruptions, and work performed during the deducted time.
DID YOU KNOW?
IMPORTANT INFORMATION ABOUT MEAL BREAKS
Not necessarily. A meal period may be unpaid when the employee is completely relieved of work duties. If the employee continues working, that time may be compensable.
An automatic deduction system does not eliminate an employer’s obligation to pay for all time actually worked. It is important to report and document when a break was not taken or was interrupted.
It depends on the specific duties and restrictions involved. If you are required to work, handle work-related matters, or are not completely relieved of your responsibilities, you may want to ask whether that time should have been paid.
Yes. Work schedules, pay statements, messages, time records, and notes created at the time of the events may help evaluate what occurred.
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