QUESTION

In Tennessee is it legal for an employer to automatically deduct the wages of an hourly employee for a lunch break that was not taken.

Asked on Feb 26th, 2012 on Labor and Employment - Tennessee
More details to this question:
i work in a hotel restaurant and the employer automatically deducts 30 minutes per shift for all shifts over a certain duration even though they have been informed that i was in fact working the entire time
Report Abuse

1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
Update Your Profile
Under Tennessee law, a private employer must provide each employee with a 30 minute rest/meal break when the employee is scheduled to work more than 6 hours except in environments were employees have "ample opportunity to rest or take an appropriate break."  The break is unpaid.  Your employer is apparently deducting the unpaid break time from your check, as they are entitled to do under the law.  If your employer requires you to work for the 6 hour period without a 30 minute break, then they are required to pay for the time worked, and may also be in violation of the law, but that depends on whether your work environment provides opportunities for rest or breaks without the 30 minute mandatory break and the other circumstances of your employment.
Answered on Feb 29th, 2012 at 10:20 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters