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MAY 2002 QUESTION OF THE MONTH

Q. An employee who was supposed to take unpaid lunch worked instead. We want to deduct a half hour's pay to cover this time that should have been unpaid lunch. Can we do this?

A. Federal and New York State wage and hour rules require you to pay your employees for all the time that they work.

This situation is a discipline issue, not a pay issue. If employees ignore your lunch rule and work instead, you are required to pay them for the time worked, but it should be treated as a violation of your workrules and handled accordingly.

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