Rest Breaks
Question: I understand that employees can, but are not required to, take rest breaks. How can I keep employees who do not take breaks from later claiming that they were not allowed to take them?
Answer: It is not uncommon for employees who occasionally, or even frequently, fail to take advantage of their optional rest breaks to later sue, claiming that they were not permitted to take those breaks. When this occurs, it can be difficult for an employer to prove that it was the employee’s choice not to take the breaks. Employers should consider having employees sign a statement acknowledging their right to take breaks, and instructing the employees what to do if they are not able to take their breaks. Such a statement will make it very difficult for a disgruntled ex-employee to later claim he or she was not permitted to take breaks.
SAMPLE MEMO TO EMPLOYEES REGARDING MEAL/REST BREAKS
All non-exempt employees are required to take an unpaid uninterrupted meal break of at least thirty (30) minutes for every five hours of work. Your regular meal break will be made a part of your schedule by your manager and all non-exempt employees are required to take their meal break as assigned. Failure to take an assigned meal break may be grounds for discipline.All non-exempt employees are authorized and instructed to take an uninterrupted ten (10) minute rest break if they work more than 3½ hours in a day but less than 6 hours, two 10-minute breaks if they work more than 6 hours but less than 10 hours, and three 10-minute breaks if they work more than 10 hours but less than 14 hours. It is each employee’s obligation to determine an appropriate time, as close to the middle of each four hour period of work as possible, to take his or her break(s). Failure to take rest breaks may be grounds for discipline. If you have any questions about scheduling your rest break(s) you should contact one of your managers.
Managers have been instructed to make sure that all non-exempt employees are being allowed to schedule and take their meal and rest breaks. If your manager is not permitting you to take your meal or rest breaks or you have any questions regarding your meal or rest breaks that you do not believe are being adequately responded to by your managers, you should contact _______________ immediately.