If I work a job driving a big truck locally and they take a half hour lunch out of my check every week, is legal?

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If I work a job driving a big truck locally and they take a half hour lunch out of my check every week, is legal?

And is there anything that I can do about it?

Asked on December 8, 2012 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

More facts are needed here to make a determinatio as to what is permitted and not permitted.  But the law is as follows: Ohio employers must provide employees under the age of 18 a 30-minute uninterrupted break when working more than five (5) consecutive hours.  ORC Chapter 4109.07(C)Ohio does not require employers to provide breaks, including lunch breaks, for workers 18 years old or older.  An employer who chooses to provide a break in excess of 20 minutes does not have to pay wages for lunch periods or other breaks if the employee is free to leave the worksite, in fact takes their lunch or break, and the employee does not actually perform work.  According to federal law, breaks 20 minutes or shorter typically must be paid.


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