Submitted by HardWorker123 on Fri, 09/23/2011 - 16:46
I currently am a 50 hour employee, receiving a half hour unpaid break and 2 paid 15 minute breaks, with week days being 8am to 7:30pm.
My boss told me they are changing the schedule to 8am to 9 pm, requring us to work 60 hours but not paying for the extra ten because they are going to give us "an additional 30 minute unpaid meal break and 1 hour unpaid break". Can they do this?
Work hours
Sorry, but I'm having some trouble with the math. In any case, there are two basic rules for hourly employees. First, Employers must pay employees for all hours they are required to work or remain on the premises, less time for breaks. Second, non-exempt employees must be paid overtime for work in excess of 40 hours per week. You may want to call the Attorney General's Fair Labor Hotline (617-727-3465) to ask about your situation. Good luck.
Let me try to restate what I think the previous poster meant
I was once in a similar situation and I would like to know the legal answer.
MA law states that not only must an employer offer at least a 30 minute lunch break, but the employee must take it (and not work while off the clock), or the company can be fined.
But what if, as the previous poster asked, an employee's work day was extended by 1.5 hours even though the actual number of hours worked remained the same? Is there anything that prevents an employer from saying that you will work from 8:00 am until 9:00 pm but that you must take enough time OFF THE CLOCK during that period so that you will not work more than 8 hours?
Maybe you aren't WORKING for more than 8 hours but logistically they are preventing you from using your off time in a constructive manner - whether chores at home, caring for children, or another job.