Can an Employer Require Breaks?
An employer has the right to require breaks as long as the policy does not violate the civil rights of its employees. The Department of Labor does not require employers to offer work breaks, but some states require employers to offer rest periods, meal breaks or both. An employer also may be required to offer breaks if there is a collective bargaining agreement that stipulates such a break.
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Wage and Hour Division Guidelines
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The Wage and Hour Division of the Department of Labor does not require rest and meal breaks, but it does provide compensation-related guidelines for employers that do provide breaks. Employees are to receive compensation for rest periods of less than 30 minutes. Compensation is not mandatory for meal periods of 30 minutes or longer. If company policy requires employees to remain on-site during meal periods, then the employee must be relieved of his work duties until the period ends. If he is called upon to assist with or to complete a task, then the meal period becomes payable.
EEOC Considerations
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The Equal Employment Opportunity Commission protects and enforces the civil rights of U.S. workers. Like the U.S. Wage and Hour Division, the EEOC does not require employers to offer rest or meal breaks. An employer that implements a mandatory rest or meal break policy must do so in a uniform manner. This is the best approach to avoiding the possibility of discrimination against a protected class.
An employer’s mandatory rest and meal period policies must not single out a person or group of people based on their race, color, sex, disability, religion or national origin. Variations in the mandatory policy should exist only for work-related reasons. It is OK to allow breaks for your office staff while not allowing them for you warehouse staff, if there is a business-related reason for doing so. You may not require female workers to take a break and forbid or make it optional for their male counterparts to take a break. This is gender-based discrimination.
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State Statutes and Regulations
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Nine states have legislative statutes or administrative regulations that require some type of rest period. Twenty-one states, Puerto Rico and Guam require a meal break. Employers in these states have a statutory mandate to require their employees to take a break. If an employer in any of these states fails to comply with the laws that require employees to take a break, then the state may enforce the statutes by citing and fining the employer. An employee’s desire to bypass his break does not relieve the employer from implementing a mandatory break policy.
Collective Bargaining Agreements
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A collective bargaining agreement takes precedent over federal and state requirements when the agreement is more beneficial to the employee. The Ohio State University provides an example of this. The state of Ohio does not require employers to extend rest breaks to employees. On April 1, 2009, The Ohio State University entered into a collective bargaining agreement with Local 4501 of the Communication Workers of America. The agreement includes a provision that requires the university to permit Local 4501 members to take two 15-minute breaks per regular workday shift. While rest breaks are not a state requirement, the Ohio State University must honor this agreement for CWA, Local 4501 members.
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References
- Department of Labor: Breaks and Meal Periods
- Department of Labor: Fact Sheet #22 -- Hours Worked Under the Fair Labor Standards Act (FLSA)
- Equal Employment Commission: Prohibited Practices
- Department of Labor: Minimum Paid Rest Period Requirements Under State Law for Adult Employees
- Ohio Division of Industrial Compliance and Labor: Bureau of Labor and Worker Safety -- Frequently Asked Questions
- The Ohio State University: Members Only Agreement -- Communications Workers of America, Local 4501
