can an employer clock you out on a break even though you didn’t take one
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can an employer clock you out on a break even though you didn’t take one
Getting clocked out and not taking break
Asked on January 22, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Your state (and also federal law) does not require any breaks, so you can only be clocked out (and therefore not paid) if you fact stop working. If you stop working, your employer may "clock you out" even if you did not clock out; but if you are still working, you must be paid for all time worked, even if your employer tries to call it a break--and if not paid for all time worked, you could contact your state department of labor to file a complaint.
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