What Are the OSHA Requirements for Breaks During a 12-Hour Shift?
Workers of all kinds, blue-collar and white-collar alike, often have questions about breaks during their workdays. If breaks are not spelled out by an employer, many employees assume that breaks are guaranteed by law. This is not always the case.
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OSHA Stance
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The Occupational Health and Safety Administration does not require employers to give employees breaks, no matter the length of the shift. The official government stance on the issue comes from the Department of Labor.
Department of Labor Stance
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According to the Department of Labor, employers are not required to give breaks of any kind. They do, however, enforce the Fair Labor Standards Act.
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Fair Labor Standards Act
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The Fair Labor Standards Act does not require an employer to provide short breaks or lunch breaks. If a short break (usually five to 20 minutes) is allowed by an employer, it qualifies as compensable time (employees must be paid for the time).
Breaks for Salaried Workers
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Many salaried workers sign contracts that provide a job description or outline duties. A potential employee can request that a policy regarding breaks and lunch time be included in the contract.
Union Mandates
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Unions for specific occupations, such as auto workers and airline pilots, sign labor agreements with employers that guarantee work standards and benefits, including breaks during shifts.
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References
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Comments
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asking jeeves we are entitled a break every 4 hours looking at OSHA and other departments we are not entitled.
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Ya, this is crazy.
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don't especially care for what I found out but this was an informative page. Who knew companies are not required to give breaks, they must however allow one restroom use.
