Can my employer dictate when employees take a rest break?
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
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UPDATED: Jul 14, 2023
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UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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In most jurisdictions, an employer has the right to determine when and where employee breaks take place. Federal law does not require that employees be given rest break opportunities, but as of 2011, nine states require breaks. These include California, Colorado, Illinois, Kentucky, Minnesota, Nevada, Oregon, Vermont and Washington. These states have minimum rest break requirements that apply to private sector employees in varying ways.
Rest Break Requirements in California and Vermont
In California, for example, an employer must grant a 10-minute rest break for every four hours worked. To the extent practicable, these employee breaks must occur in the middle of each work period. However, no rest break is necessary if total daily work time is less than three and one-half hours. No deduction from wages may be made for authorized rest time.
Vermont’s minimum rest break law is not as detailed. In Vermont, employees must be given “reasonable opportunities during work periods to eat and use toilet facilities in order to protect the health and hygiene of the employee.” Vermont’s rest break law has no specific coverage limitations, meaning it applies to all private sector employees (with possible exceptions for executives, professional employees, and outside salespersons).
It’s worth noting that California’s law explicitly excludes professional actors, personal attendants, and sheepherders. California also allows employers in most industries to apply to the CA Division of Labor Standards Enforcement for an exemption from the rest break requirement, if they can show “undue hardship.”
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What an Employer Can Allow and Forbid During a Rest Break
In addition to determining when a worker can take a rest break, an employer can generally determine what the worker is allowed to do on that break. If business policies state that employees must remain on the worksite during business hours, and you as an employee have signed a contract agreeing to adhere to business policies while employed there, then you must stay on the worksite during your rest break.
In most states with these laws (Washington, for example), employees who face limitations or business duties while on their employee breaks are generally required to be paid even for their break time. The only employees that do not need to be paid during their employee breaks are those whose breaks have no limitations. These employees can leave the worksite or are not required to remain on duty.
If you belong to a union, your shop representative will be able to answer your questions about employee breaks. If not, ask your company’s human resource department. Additional questions about employee breaks can be directed to your state’s Department of Labor or Department of Employment.
Case Studies: Rest Break Requirements and Employer Authority
Case Study 1: Rest Break Requirements in California and Vermont
John is granted a 10-minute rest break for every four hours he works. This provision allows him to unwind and recharge throughout the day. On the other hand, in Vermont, Sarah has the right to reasonable opportunities to eat and utilize facilities for her well-being during her working hours.
Case Study 2: Employer’s Authority During Rest Breaks
Mark, an employee in Washington, is bound by his employer’s policy that requires him to remain on-site during rest breaks. Mark has signed an agreement that obligates him to stay at the worksite during his break.
Case Study 3: Rest Break Requirements in Colorado
John’s situation in California, employees in Colorado, including John, are entitled to a 10-minute rest break for every four hours they work. This provision allows John to take a brief pause and revitalize himself during his work shift.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.