Can I file wage and hour claims when deprived of breaks?

On Behalf of | May 31, 2019 | Wage And Hour Claims |

Kentucky employees might think that wage and hour claims for employer violations are limited to not getting paid what they are owed per hour. That is part of it, but there are other aspects of the law that will protect workers too. There are many laws that employers are required to adhere to in how workers are treated and that extends to various areas. For employees who are facing violations, it is important to understand their rights and that they are entitled to certain benefits. That includes breaks.

Knowing what the law says about when these breaks must be provided is essential. If an employer fails to provide them or commits adverse acts against an employee for taking them, a legal filing is an option. An employee must be granted rest periods. Employers cannot force a worker to work nonstop without a rest period of a minimum of 10 minutes for every four hours they work. This will be added to a regularly scheduled lunch break. The worker cannot lose compensation for this if they are working on a salary or are receiving hourly payment.

Regarding lunch breaks, employers must receive what is termed a “reasonable” amount of time for lunch. It is expected to be as close to the middle of their shift if possible. The employee cannot be required to take the lunch break before three hours of their shift beginning has elapsed, or more than five hours after it has started. This law will not negate a collective bargaining agreement or agreement between the employer and the employee regarding lunch breaks if one has been made.

Breaks might not seem to be as difficult an issue to deal with as other employment concerns such as discrimination, harassment, wrongful termination and other prominent violations. Still, people who are being mistreated and not getting the breaks they are entitled to can file a claim because of it. A law firm that helps employees with wage and hour claims as well as other workplace violations should be contacted for help when there is a problem with breaks.

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