So I work at a restaurant and my employer is automatically deducting a half-hour's worth of pay from each shift that's over 5 hours. But nobody in the restaurant is actually taking these breaks, there's no time. Is this legal? I searched it on Google but could only find stuff in the US or UK, not Canada. If anyone knows of a link to a page that talks about this that'd be pretty fantastic.

Yeah after a certain time you are suppose to have a break to eat that in unpaid. Even if people dont take it, it should be deducted from their pay.

Originally Posted by blackdragon

Yeah after a certain time you are suppose to have a break to eat that in unpaid. Even if people dont take it, it should be deducted from their pay.

That's bullshit, if they're working, you pay them. If they aren't working, you don't pay them. Not you don't pay them and let them work anyways.

I'd throw a shitfit. Either demand your braek, or get paid underneath the table.

My employer does the same thing - any shift that's six hours or longer has a half-hour's pay deducted automatically, with the understanding that each employee will take that time as a break. It's a fairly common practice and it's completely legal.

However, if the nature of your job keeps you from actually taking these breaks (e.g. it's too busy) you should talk with your supervisor/manager. You should be entitled to get paid for the time that you actually work. I currently work in retail/customer service, and on really busy days when I've had to skip my break, I've been compensated for that time. You should be, too, or else your employer should put a system in place that allows you to actually take your breaks even when there doesn't seem to be time.

Hope this helps.

Originally Posted by lawleypop

That's bullshit, if they're working, you pay them. If they aren't working, you don't pay them. Not you don't pay them and let them work anyways.

I'd throw a shitfit. Either demand your braek, or get paid underneath the table.

They are expected to take a break. If they choose not to, they still lose pay... so just take your break.

Originally Posted by blackdragon

They are expected to take a break. If they choose not to, they still lose pay... so just take your break.

I understood it more as OP is not allowed to take a break because it's so busy and the management fails at scheduling.

It's a different story if it's a choice.

If the OP is forced, its wrong. They can just refuse if its company policy to take the break. I probably would.

Originally Posted by blackdragon

If the OP is forced, its wrong. They can just refuse if its company policy to take the break. I probably would.

Its not a company policy, it's law. Any shift OVER 5 hours (not a 5 hour shift, but a 5.25 or more hour shift), a meal break is required. Employers will automatically deduct this from your pay, as their way of showing compliance with the law. If they however tell you NOT to take that break (which is technically illegal), they have to pay you. If you do it on your own, it's your own damn fault.

EDIT: The Labour Board has a phone number you can call with any questions, or any complaints that may be a violation of the ESA. As far as I know, it's anonymous, so you shouldn't have to worry about backlash.

You can probly find some info here:

http://www.worksmartontario. gov.on...tentID =1-4-3

Also:

http://www.e-laws.gov.on.ca/html/sta..._00e41_ e.htm

I tell everyone I know the same thing: learn it. These are your rights, and it's up to you to know them.