5 Facts & Laws On Employee Breaks

It is easy for employers to receive misinformation, and one of the most commonly misunderstood topics involves employee breaks. For those who are curious, wonder no more…

Velissa R. Chapa

Take a moment to remember the games we enjoyed as children. Red rover, tag, thumb war, hopscotch–we played whenever possible.

Some games like “telephone” were especially thrilling; it showed us how easily a statement of “I like mac and cheese on Tuesdays” could turn into “I like masking bees for toothaches.” While fun, “telephone” also taught us an important lesson: do not always trust what you hear.

As adults, following that lesson is easier said than done. Employers have constant exposure to information via the internet, the news, and those around them.

It is easy for employers to receive misinformation, and one of the most commonly misunderstood topics involves employee breaks. For those who are curious, wonder no more. Here are the facts.

1  Are breaks required by law?

No. There is no federal or Texas law that requires employers to provide breaks (absent a few exceptions–see #4). This includes smoking breaks, rest breaks, coffee breaks, and even meal breaks.

While many employers believe that employees are entitled to two ten-minute breaks per day, that is not the law. Employers have the authority to determine how many breaks are allowed per day, when they occur, how long they are, and where they may be taken.

However, employers should know that not allowing employee breaks could lead to issues.

For one, a lack of breaks could contribute to substandard performance due to fatigue. It could also lead to workplace complaints. As employees have a federally-protected right to discuss working conditions with one another¹, employers are prohibited from forbidding such discussions.

Further, the Occupational Safety and Health Administration (OSHA) rules require employers to provide a safe and healthy working environment. Therefore, while bathroom breaks are not technically required by law, failing to provide such a break could result in an OSHA violation.

2   Must I pay employees for breaks?

It depends on the type of break and its length. Any break under 30 minutes is compensable. Meal breaks of 30 minutes or more are not compensable as long as the employee does not perform any work during that time. If an employee performs work during a lunch break, the time becomes compensable.

To prevent employees from working during a lunch break, employers may have a policy requiring employees to leave their workstations during lunch.

Violation of the policy may result in disciplinary action.

3  Can I require employees to clock out for all breaks?

Yes, even when the employer knows that the breaks would be compensable. Two 10-minute breaks can easily turn into two 15-minute breaks. Employers have the right to monitor employee break times to ensure that they are not being abused.

4  Are there any exceptions to these rules?

Yes, there are a few exceptions to the general rule that employers do not have to provide employee breaks.

a. Nursing Mothers

Federal law requires employers to allow reasonable break times for nursing mothers to express breast milk for their babies. Employers must allow these breaks during the first year following the birth of the child for non-exempt employees. It is also a best practice to extend these rules to exempt employees.

The breaks must be provided as frequently as needed, and nursing mothers must have a private, non-restroom place where they will not be disturbed. However, unlike ordinary rest or coffee breaks, nursing breaks are not compensable. If a nursing mother uses one of her regular breaks as a nursing break, that time would be compensable.

Employers with less than 50 employees are excused from this requirement if compliance would cause an undue hardship, which would be the employer’s burden to prove².

b. City Ordinances

Some Texas cities have implemented their own laws on breaks for employees who work in construction.

For example, Austin and Dallas have city ordinances that entitle construction workers to at least one 10-minute break every four hours³. Employers may wish to review their local city ordinances for any special rules.

c. Reasonable Accommodation

The Americans with Disabilities Act requires employers with 15 or more employees to reasonably accommodate employees with disabilities⁴.

Therefore, if an employee requires additional breaks as a form of reasonable accommodation, the employer must comply with the request unless doing so would pose an undue hardship⁵.

5  Conclusion

For a business to run smoothly, it is imperative that employers avoid accepting misinformation as truth.

For more information on employee breaks, employers may contact our Texas Workforce Commission employer hotline and the latest state law at 800-832-9394.

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1 See EMPLOYEE RIGHTS,
https://www.nlrb.gov/rights-we-protect/employee-rights (last visited July 12, 2018).
2 See Nursing Mothers, TEXAS WORKFORCE COMMISSION,
http://www.twc.state.tx.us/news/efte/nursing_mothers.html (last visited July 13, 2018).
3 See Rest Break Ordinance,
http://www.austintexas.gov/department/rest-break-ordinance (last visited July 13, 2018); see Ordinance No. 29965, OFFICE OF CITY SECRETARY (Dec. 12, 2015), http://citysecretary.dallascityhall.com/resolutions/2015/12-09-15/15-2268.pdf
4 See Accommodations, UNITED STATES DEPARTMENT OF LABOR,
https://www.dol.gov/odep/topics/Accommodations.htm (last visited July 13, 2018).
5 See Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
https://www.eeoc.gov/policy/docs/accommodation.html (last modified Oct. 22, 2002).

Source: Texas Business Today