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My Job Is Marking My Unpaid Break Against My Productivity. Is This Legal?

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I work at a call center. We spend our whole day logged into a program for said calls that tracks what we are doing and when. They use the data from there to calculate our productivity, and meeting those thresholds is a mandatory part of my job description. For separate reasons I asked for our official formula used to calculate this percentage.

This form says: "Agents are given 2 hours of break time per day. An hour for lunch, and an hour of other break time. This adds up to 10hrs per week, or 23.53% of the agent's total time logged into [redacted call system]."

My week is 37.5 hours, with 1 hour unpaid lunch every day, for a total of 42.5 hours. We can come back early or leave late, but that unpaid time is still mandatory and we are not allowed to go over 37.5 hours. We are told to not log out of our system and instead mark it into not ready/lunch. They calculate the percentage based on that 42.5 hours, counting the time we are not paid.

My question is, is this allowed? And if it is, can you please explain it to me on how. I would also prefer that you explain like I am a ten year old, please.

Location: Texas

submitted by /u/Clarybell90
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