Am I entitled to pay working through lunch breaks?

Updated:

7/22/2025

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    Am I Entitled to Pay for Working Through Lunch Breaks?

    If you’ve ever asked, “Am I entitled to pay for working through lunch breaks?”, you’re not alone. Many employees across Ohio face this exact issue. Whether you’re eating at your desk while answering emails or constantly interrupted during your break, you may have the right to be paid for that time.

    Both Ohio wage laws and the federal Fair Labor Standards Act (FLSA) govern when employees must be paid, including time worked during breaks. Understanding your rights could mean recovering significant unpaid wages.


    Am I Entitled to Pay for Working Through Lunch Breaks Under Ohio and Federal Law?

    Under both the FLSA and Ohio law, meal periods of 30 minutes or more can be unpaid, but only if the employee is fully relieved of all duties.

    If you’re expected to:

    • Keep your phone or radio on,

    • Respond to emails or customer requests,

    • Be “on call” or ready to assist,

    Then you’re likely not fully relieved of duty and should be paid for the entire break, even if you took a few minutes to eat.

    The U.S. Department of Labor has made it clear: “Bona fide meal periods are not work time.” But when you’re performing work, even incidentally, your employer may be required to compensate you.


    What If My Employer Automatically Deducts Break Time?

    A common wage violation occurs when employers automatically deduct 30- or 60-minute lunch breaks, regardless of whether you actually take them.

    In these cases, employees could unknowingly lose hundreds of hours of unpaid wages each year.

    This issue often appears in:

    • Healthcare

    • Warehousing

    • Retail

    • Customer service

    • Manufacturing

    If your job involves frequent interruptions or if you routinely work through all or part of your lunch break, those deductions may be unlawful.


    Can Working Through Lunch Count Toward Overtime?

    Yes. If you worked through your lunch and your total hours for the week exceed 40, the time you spent working during the break may also count toward unpaid overtime.

    For example:
    If your time records show 39.5 hours worked and your employer deducted five 30-minute lunch breaks (even though you worked through them), your actual total is 42 hours. That means you’re potentially owed overtime pay for two hours.

    This situation is governed by both the FLSA and Ohio Revised Code § 4111.03, which outlines overtime protections for non-exempt employees.


    What Courts Have Said About Lunch Break Pay Disputes

    Ohio and federal courts have ruled in favor of employees who were not fully relieved of duties during lunch. In Hill v. United States, 751 F.2d 810 (6th Cir. 1984), the court held that employees who remain on duty during breaks must be paid, even if they were allowed to eat.

    Likewise, in White v. Baptist Memorial Health Care Corp., 699 F.3d 869 (6th Cir. 2012), the court reviewed automatic meal deductions and emphasized the need for employers to have a system for employees to report interrupted or missed breaks.

    If your employer does not allow for accurate reporting, or penalizes you for doing so, you may have a strong case for unpaid wages or unpaid overtime.


    What Should I Do If I Worked Through My Lunch Breaks?

    If you believe your employer owes you pay for working through lunch, here are steps to take:

    1. Keep detailed records – Track when and how often your lunch breaks were interrupted or not taken.

    2. Request your time records – Ohio law allows you to request your pay and time logs.

    3. Talk to a qualified employment lawyer – Don’t navigate this alone. Legal experts can determine if you’re owed back pay and may be entitled to double damages.


    Contact Coffman Legal for a Free Consultation

    Wondering “Am I entitled to pay for working through lunch breaks?” The answer may be yes; and you may be missing out on substantial compensation. The employment lawyers at Coffman Legal have helped Ohio workers recover unpaid wages, including lunch break violations and unpaid overtime.

    Reach out today for a free and confidential consultation. Let us evaluate your situation and help you understand your rights under the FLSA and Ohio law.

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