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Can My Employer Force Me to Work Through Breaks Without Pay?
If you’re wondering “Can my employer force me to work through breaks without pay?”, you’re not alone. Many workers in Ohio and across the U.S. face this issue, often without knowing their legal rights. While employers can sometimes request flexibility, they cannot violate federal or Ohio labor laws. If you’re being denied paid breaks or required to work through unpaid ones, you may have legal options.
Can My Employer Force Me to Work Through Breaks Without Pay?
Under the Fair Labor Standards Act (FLSA), employers are not required to provide breaks, but if they do, short breaks (typically 5 to 20 minutes) must be paid. If you’re required to work during these short breaks, your employer cannot legally withhold pay for that time.
In Ohio, there is no state law requiring breaks for adult workers, but federal law still applies. If an employer offers a break and you’re forced to work through it, that time is considered compensable work time.
When Must Breaks Be Paid?
Short breaks (under 20 minutes): These must be paid, even if you don’t take them uninterrupted.
Meal breaks (30 minutes or more): Can be unpaid only if you’re completely relieved of duties.
If your employer:
Answers work calls during your lunch,
Requires you to stay at your desk,
Or asks you to monitor systems or respond to issues,
Then that meal break is not legally unpaid time—and you must be compensated.
What If I’m Told to Skip Breaks or Work Through Them?
If you’re instructed to work through your break or your job conditions make breaks impossible (for example, being the only cashier on duty), you may be entitled to back pay. Employers cannot avoid paying wages by labeling time as “breaks” if you’re still working.
In Myers v. Copper Cellar Corp., 192 F.3d 546 (6th Cir. 1999), the Sixth Circuit (covering Ohio) held that employees who worked through unpaid meal breaks were entitled to compensation, especially when they were not relieved of all duties.
How Ohio Law Treats Break Violations
While Ohio law (e.g., Ohio Revised Code § 4112) primarily protects against workplace discrimination, it also supports wage fairness. Employers who withhold pay for required work during breaks could violate both federal and state wage laws, especially if the policy disproportionately affects protected groups.
If your breaks are being denied based on pregnancy, disability, or other protected characteristics, that could also be a violation of the Americans with Disabilities Act (ADA) or Title VII of the Civil Rights Act.
What Can You Do If You’re Being Forced to Work Through Breaks?
You have several potential legal options:
Document the violations: Keep a log of when you worked through breaks and whether you were paid.
Speak with HR: If your employer has a formal complaint process, follow it.
File a complaint with the U.S. Department of Labor: They can investigate wage violations under the FLSA.
Consult with an experienced employment lawyer: This is often the most effective step in recovering unpaid wages.
In some cases, you may be eligible to file a claim for unpaid wages or unpaid overtime, especially if the time worked through breaks pushed your total hours over 40 in a week.
Contact Coffman Legal for a Free Consultation
If you’re asking, “Can my employer force me to work through breaks without pay?”, chances are you’re being treated unfairly. The employment lawyers at Coffman Legal can help you understand your rights and fight for the compensation you may be owed. Schedule a free consultation today to discuss your situation with a qualified employment attorney in Ohio.
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