FLSA Language on Breaks
kdspa
83 Posts
We allow our dock staff a 15-minute, un-paid break and a 30-minute unpaid lunch. The manager of the dock staff recently read in a newsletter that "employees must be paid for short breaks (typically, between five and 20 minutes)." I've done some internet searching and I've found several other places where this 5-20 minutes thing is restated. My problem is, I can't seem to find that language in the actual FLSA. Does anyone know where this comes from? Is it written right into the Act, or is it an opinion letter? My boss is very particular about finding these things directly in the law, even if an "expert" expresses them. Any help would be much appreciated!
Comments
[url]http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE4.asp[/url]
"- FLSA Hours Worked Advisor
Meal Periods and Rest Breaks
The FLSA does not require an employer to provide meal periods or rest breaks for their employees. Many employers, however, do provide breaks and/or meal periods. Breaks of short duration, from 5 to 20 minutes, are common. As a general rule, rest breaks are considered hours worked and bona fide meal periods are not considered hours worked.
Some states do have laws requiring rest breaks and/or meal periods. Such state requirements will prevail over the silence of the FLSA on this subject. In those situations where an employee is subject to both the FLSA and state labor laws, the employee is entitled to the most beneficial provisions of each law.
For example, a private sector employee employed in a particular state is entitled, by state law, to a paid 10 minute rest break for each 4 hour work period. The employee working in that state is entitled to the rest break, even though the FLSA does not require rest breaks."
However, certain states require more than the feds - yours does not. I looked up your state's Labor and Economic website and pulled the following information for you:
[url]http://www.michigan.gov/cis/0,1607,7-154-27673_32352-117201--,00.html[/url]
"Employees under 18 years of age may not work more than 5 continuous hours without a 30 minute uninterrupted rest period. There are no requirements for breaks, meal or rest periods for employees over 18 years of age.
Where an employer has a break, meal or rest period policy, the employee must be completely relieved of work duties and free to pursue his or her own interest to not be considered work time (Cherney v. West Michigan Cleaners 84-3823)."
Mindy, your search engine talents are exceptional.
We just hired a lady named Mindi - confusion reigns supreme.