Employee Break Schedule Issues

One of the most common questions we hear from our clients regarding employee break schedule issues is whether employers may give different break amounts and schedules to employees in different departments.

You may have different rest and meal periods for employees based on job duties or department, so long as the policy is non-discriminatory, complies with federal and state regulations, and is applied consistently. This may make sense in many situations where employees in different departments have vastly different duties and daily work rhythms, but you should be cognizant of whether it will have a negative impact on morale if employees know that certain departments have more generous break allowances. Remember that many states have specific requirements as to the length and timing of required breaks, so it is important to ensure that you are giving all employees at least the minimum required breaks and that you are compensating for breaks appropriately. Federal law requires that any shorter rest periods (5-20 minutes) provided (other than lactation breaks) be compensated. Meal periods (typically lasting at least 30 minutes) serve a different purpose and may be unpaid.

For more information, contact GTM at (518) 373-4111.