Legal question about breaks and wages?
Questioner
I am an office manager and work full-time (38 hours per week). I work > 5.5 hours per day and am therefore entitled to at least 2 x 15 minutes break per day. We have a small break of 15 minutes and a lunch break of 30 minutes, so that's fine. My breaks are expected to be my own time, but because I always have my company mobile with me, I am expected to answer the phone during my breaks and receive any guests/take packages, etc. While this is really my own time and therefore I am not paid for it. This happens almost daily so I almost never have 15 minutes of rest in any of my breaks. In this way I work +/- 41:45 hours per day. Is this allowed? How can I best bring this up with my employer? My predecessor worked 4 days of 6 hours (from 8:00 to 14:00) = 24 hours per week. and her breaks were paid..., .?!Lawyer
In an ancient ruling of the Supreme Court, which is still valid, it was determined that in such a case the lunch break is working time, which must simply be paid. I would point this out to the employer and ask for continued payment of wages. If he refuses, contact a specialized labor law attorney. He/she is a member of a specialist association. Often the first consultation is free, such as at my office.Questioner
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