In Wisconsin, employers are not required to give their employees a lunch break. However, many employers do, in fact, choose to provide their employees with a lunch break during their work day. In this situation, employers are required to pay the employees for this break unless the nature of that lunch break meets certain highly specific criteria.
Regrettably, far too many employers have lunch break policies that do not meet these state requirements, causing workers who should be paid for this break to be uncompensated for significant periods of time. Especially when an employee is unfairly denied compensation for work breaks during which they should be earning a wage over a long period of time, this money can add up to a significant sum. Fortunately, when an employee is in this situation, they can take legal action to fight for the money they are owed.
In order for an employer to legally withhold pay for time spent during an employee’s lunch break, the break must meet the following requirements:
Breaks which do not meet these criteria require payment equal to any other working periods.
If you have been denied the pay you deserve for lunch breaks that do not meet the requirements of Wisconsin law, our legal team at Habush Habush & Rottier S.C.® can help you fight for the money you are likely owed. To learn more about the legal rights and options available to you, call Jason Knutson at 608-255-6663.