What can be done with our employer taking out hours for breaks we don’t take and if we get over time he doesn’t pay it?

UPDATED: Oct 1, 2022

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What can be done with our employer taking out hours for breaks we don’t take and if we get over time he doesn’t pay it?

Our employer is taking hours out of our checks for breaks we don’t take and if we work overtime he doesn’t pay it he just takes it off. What can we do to have it stopped?

Asked on November 17, 2018 under Employment Labor Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

At this point, you can all consult directly with a local employment law attorney or file wage claims with your state's depatment of labor. The fact is that workers must be paid for all time worked. Further, to the extent that an empoyee works over 40 hours in their work week, then if they are a "non-exempt" worker, they must be paid overtime. This is both federal and state law. 

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