Many employers automatically deduct 15, 30 or 60 minutes from employees’ time records each shift for a break or meal period. But what happens if you keep working through lunch—or get interrupted by calls, emails, or customer needs?
Under the Fair Labor Standards Act (FLSA), this time may be considered hours worked—and you could be entitled to back pay, overtime and other damages.
What Are Automatic Meal Period Deductions?
An automatic deduction means your employer subtracts time for breaks or meal periods from your hours worked whether you take the break or not. For example, if you clock in at 8:00 AM and out at 4:30 PM, your employer may automatically deduct 30 minutes for lunch—paying you for only 8 hours.
This practice is common in industries like:
- Healthcare
- Call center
- Retail
- Warehousing and logistics
Why Is It a Problem?
If you don’t get an uninterrupted break, you must be paid for that time.
Breaks are only unpaid if you are:
- Fully relieved of all work duties
- Free to leave your workstation
- Able to use the time for your own purposes
Even if you eat lunch at your desk, answering phones or helping customers means you are working—and those minutes are compensable.
Common Violations
- Requiring employees to remain “on call” during breaks
- Interrupting breaks for work-related questions
- Discouraging employees from adjusting their timecards when they don’t take a full break
- Failing to train managers to accurately track break time
Over weeks and months, this adds up to significant unpaid wages and overtime.
What Are Your Rights?
If you regularly work through part or all of your meal period, you may be entitled to:
- Unpaid wages for all hours worked
- Overtime pay for hours over 40 per week
- Double damages (“liquidated damages”) in many cases
- Attorneys’ fees and costs
What Should You Do?
If you suspect improper meal break deductions:
- Keep a log of when you worked through lunch or had your break interrupted
- Save emails or messages requesting you to work during breaks
- Review your paystubs and time records for discrepancies
- Talk to an employment law attorney to understand your rights
💼 We’re Here to Help
Our firm represents employees in wage and hour cases, including unpaid meal breaks. If you have questions or believe you’re not being paid correctly, contact us today for a free, confidential consultation.
Your time is valuable—and the law says you must be paid for it.
