If I am an hourly employee and was forced to work during my unpaid break, is this legal?

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If I am an hourly employee and was forced to work during my unpaid break, is this legal?

My employer kept altering my time cards to shave off minutes.

Asked on December 28, 2011 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are required to have breaks (either or both through state law or through your lawyer's work policies), then you can work during your break usually and this has nothing to do with hourly wages though it may become an issue if your employer is trying to use your breaks against your total hours worked. Altering time cards is different from working on breaks. You are usually still paid while on work breaks (it is lunch hours that are different). Contact your state's labor department if you suspect or have solid proof your time cards are being altered. That is usually a violation of state labor laws.


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