Clocking out for restroom use

Can employer's make you clock out into lunch everytime you have to use the restroom? What I mean is not during your normal lunch time, or break just while you are on production line etc.

1 answer  |  asked Jul 22, 2005 11:37 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Your employer cannot make you clock out unless you have 30 minutes and freedom to leave.

Federal and Ohio wage and hour laws require your employer to pay you the minimum wage and overtime for all hours worked. Your employer cannot count break times as hours "not worked" unless you have at least 30 minutes and the freedom to go where you want during the break.

Point this out to your employer in a very diplomatic way. You are protected from retaliation by state and federal law for asking to have your pay rights respected.


Neil Klingshirn

posted by Neil Klingshirn  |  Jul 27, 2005 9:56 PM [EST]

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