A new class (or collective) action has been filed in Tennessee against a hospital for automatically deducting a lunch break from workers schedules. Apparently, the payroll system would deduct a specific period of time for lunch from the employee’s pay even when the employee did not take lunch. This automatic payroll deduction would effect both regular pay and overtime received by employees.
In the age of automated systems and computers it is tempting and easy for employers to set up standard clock in and out procedures. Unfortunately, these systems do not always match reality. Also, it seems that it is usually the employer that gets the benefit and the employee that gets short changed on their paycheck.
The fair labor standard act (FLSA) requires employees be paid both a minimum wage for time worked and 1.5 times their normal rate of pay for overtime. If you believe you are not receiving the pay you have earned please feel free to contact our office at anytime.