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Take control over employee break times

By Sandy Flippo, SPHR

Employers commonly grant 10-15 minute breaks to employees to provide a period to rest and refresh.  Although the Fair Labor Standards Act (FLSA) does not require employers to give these breaks, they suggest that these breaks are a good practice and can promote employee efficiency.  For hourly employees who are subject to minimum wage or overtime requirements, the US Department of Labor counts these rest breaks as payable work time. But when these breaks begin to stretch to 20 minutes and more, employers may feel they have lost control.  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) To avoid compensating employees for extended breaks, communicate to your employees 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 information through a written break policy, 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 check with your 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 helps employers develop policies and maintain compliance with FLSA standards and requirements.  Contact us today for information on how we can help.