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Being forced to work through Lunch without pay

Posted By: Rebecca Radosevich

Q

I live in Florida. I work at a hospital. On our lunch break, we are required to punch out for 30 minutes. However, we are also required to carry and monitor a 2 way radio in case of an emergency. Basically we are clocking out and working through our break by carrying and monitoring a radio. Can we file a claim to be paid for lost wages while we work through our break? The hospital finally admitted that it was wrong to carry the radio’s and we no longer have to but we did for a full year prior to them saying we could stop

A

I’m glad to hear that your employer stopped making you carry a radio on your lunch break.  You have a great question regarding the time that you were required to carry a radio during break.

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for all time worked.  Asking you to perform tasks, such as carrying a radio, while you are off the clock may be a violation of FLSA.

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