Almost all workers take short breaks during the course of their workday. Some employers even require their employees to take breaks, as this may increase efficiency and productivity. However, employers often leave these short breaks out of the employee’s total hours worked. This short changing of hours is another overtime scam that employers use to avoid paying overtime.
Breaks lasting between five and twenty minutes should be included in an employee’s total hours worked. In addition, if you are required to work during your lunch break, you should be paid for this time. Also, if an employee must stay at the workplace or close to it and cannot use this time period for their own personal use, he or she is considered an “on-call” employee. According to the FLSA, these workers should be paid for this time.