The hospital deducted a lunch I never took. Is that legal?
A meal period you worked through is time you have to be paid for.
No. An automatic meal deduction is only lawful when the break was real. If you were not completely relieved of duty, those thirty minutes are worktime and must be paid.
- 29 CFR 785.19
- 29 CFR 785.11
- 29 CFR 785.12
- DOL Fact Sheet #54
You carried the phone. You answered a call light. You charted while eating standing up, or you never ate at all. The stub deducted thirty minutes anyway, because the timekeeping system deducts them automatically.
A bona fide meal period means completely relieved from duty.
29 CFR 785.19 says a bona fide meal period is not worktime, and then defines the term: the employee must be completely relieved from duty for the purpose of eating a regular meal, ordinarily thirty minutes or more. It states directly that the employee is not relieved if she is required to perform any duties, whether active or inactive, while eating.
29 CFR 785.11 and 785.12 close the other door. Work that the employer did not request but suffered or permitted is still worktime, and it is the employer's duty to see that work is not performed if it does not want it performed. Not knowing is not a defence, and neither is a policy on paper that says breaks are protected.
Automatic deduction is not itself unlawful
An employer may deduct a meal period automatically. What it may not do is deduct one that did not happen. The deduction has to match reality, and correcting it when it does not is the employer's job, not yours.
Half an hour, at the rate that half hour actually carried.
The rate matters as much as the time. A meal period during a Saturday night shift is paid at base plus night plus weekend, not at base — and if the week is already over 40 hours, that half hour is overtime.
One deducted meal period, Saturday night shift
- Base rate
- $38.00 / h
- Night differential
- +$4.50 / h
- Weekend differential
- +$3.00 / h
- Applicable rate
- $45.50 / h
- Deducted and unworked
- 0.5 h
Three deducted lunches in one pay period is $68.25, and every one of those half hours also raises the total hours in the week — which can push the week past forty and change the overtime calculation as well.
Compare the hours on the stub to the hours you were there.
Find total hours paid for the period, then count the shifts you worked and multiply by your scheduled length. Seven twelve-and-a-half hour shifts is 87.5 h. If the stub shows 84.0 h, seven half hours were deducted — and you know which of those breaks you actually got.
Write down the dates before you go further. A dispute over a meal period is a dispute about specific shifts, and the dates are the whole case: which shift, what you were doing, and why the break was not a break.
State law can be stronger
Some states, California among them, require a premium payment when a meal or rest period is missed, on top of the wages for the time. That is in addition to the federal rule above, not instead of it.
Run the numbers on your own week.
A deducted lunch also changes your hours and your overtime. Start with your regular rate and see what the week looks like.
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