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By Sandy Flippo, SPHR Commonly employers will grant 10-15 minute breaks during a shift to provide a period for employees to rest and refresh. The FLSA does not require employers to give these breaks, but suggest that they are a good practice which can promote employee efficiency. For hourly employees who are subject to minimum wage or overtime requirements, the Department of Labor counts these rest breaks as compensable work time. When these breaks start to stretch to 20 minutes and more, employers often feel they have lost control. However, note that the Dept. of Labor has taken the position that unauthorized break extensions need not be considered work time and can be unpaid. (“Labor Letter,” Fisher & Phillips LLP, Feb. 2012) In order to not compensate employees for extended break time, employers must have communicated to the employee that: • Authorized paid breaks may last only for a specific length of time • It is against the rules to extend the break time • Any extension of break time will not be paid and may be subject to disciplinary action. Communicate this to your employees through a written break policy which is usually included in the employee handbook. The policy should include: • Designated length of time for the rest break (such as 10 minutes) • If the break will be considered compensable (work time) • The number of rest break periods allowed during the shift • Notice that if the rest break is extended past the designated time, then the amount of extended time will be unpaid. • Failure to adhere to the break policy will result in disciplinary action. Many states have their own rules for break time, so employers need to check with their state Department of Labor to see if there are any regulations that supersede the FLSA requirements. Break rules for lactating mothers must also be considered. In general, bona fide meal breaks are generally not considered work time. Employees Only can help employers with developing policy and compliance with FLSA standards and requirements. Contact us today for information on how we can help.