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USA Operations Centers Meal Period & Rest Break Policy May 2017
As this policy is reviewed, please note the states/areas for which exceptions exist. A link is provided to a resource document under the “State Exceptions” heading that provides information on these State Meal Period and Rest Break exceptions.
This policy chapter outlines the Enterprise policy regarding meal periods and rest breaks. Meal periods and short rest breaks contribute to employee health and wellbeing, provide time for employees to recharge and refocus, and to be more productive. Meal periods and rest breaks are not required by federal law, and only required by some states. A link to a state meal period and rest break resource document is provided toward the end of this chapter. A high level overview of the Enterprise Meal Period and Rest Break policy is as follows:
A minimum 1 hour meal period shall be provided for non-exempt/overtime eligible employees working 8 hours or longer during the work day. Employees working 8 (or longer) hours are not permitted to skip or waive the minimum 1 hour meal period provided during their first 8 hours of work. On an as needed basis, a minimum 1 hour meal period may also be permitted for employees working less than 8 hours in the work day.
Meal periods cannot be taken at the beginning or end of the work day.
Employees working in states with specified meal period requirements will follow their state’s law, with the following exceptions: if a state’s meal period law permits a shorter meal period than 1 hour, employees working in that state are to be provided a minimum 1 hour meal period, rather than the shorter meal period permitted under their state law. If a state’s meal period law permits a waiver of the meal period when working 8 hours (or longer) in the day, employees are not permitted to waive the minimum 1 hour meal period provided during their first 8 hours of work. However, with management approval, and based on state law, employees may request a waiver of state specific “second” meal period requirements.
Rest breaks shall be based on business need unless state law permits/requires employees to take rest breaks.
Employees working in states with specified rest break requirements will follow their state’s law.
Employees are not permitted to combine rest breaks with applicable meal periods.
Employees are also not permitted to combine rest breaks together, or take rest breaks at the beginning or end of the work day to arrive late or leave early.
Note: For employees scheduled thru a Workforce Management tool; meal periods and rest breaks will continue to be scheduled thru a Workforce Management tool based on formalized Meal Period and/or Rest Break guidelines which includes state specific meal and rest period requirements.
The Meal Period and Rest Break policy outlined in this chapter applies to non-exempt/overtime-eligible employees. The policy does not apply to exempt (salaried) employees.
Enterprise Meal Period Policy
Employees working in areas that utilize a Workforce Management tool for scheduling meal periods will continue to follow the formalized meal period schedule they have in the past.
A minimum of 1 hour meal period shall be provided for non-exempt/overtime eligible employees working 8 hours or longer. Employees working 8 hours (or longer) in a day are not permitted to waive or skip the minimum 1 hour meal period provided during their first 8 hours of work. Employees working less than 8 hours may also be permitted to take a minimum 1 hour meal period on an as needed basis. See State Meal Period Exceptions below for states that require meal periods to be provided for employees working less than 8 hours during the work day.
Meal periods in any state cannot be taken at the beginning or end of the work day.
State law may provide additional meal periods for employees working extended hours. In the absence of state law, employees working extended hours may also be provided additional 30-minute (or longer) meal periods on an as needed basis.
During a 1 hour (or longer) meal period, non-exempt/overtime eligible employees, working in states with or without meal period laws, must be relieved of all duties and free to use the time for their own purposes, including freedom to leave the premises. Meal periods that meet these requirements are not compensable.
If an employee working in any state takes a meal period that lasts 20 minutes or less, the 20-minutes or less meal period, under federal law, is considered compensable work time and included as hours worked in the calculation of overtime for the work week. Employees should be reminded by management to consistently take a minimum 30-minute meal period as outlined in this policy.
State Meal Period Exceptions Employees working in states with specified meal period requirements will follow their state’s law, with the following exceptions:
If a state’s meal period law permits a shorter meal period than 30-minutes, employees working in that state are to be provided a minimum 30-minute meal period, rather than the shorter meal period permitted under the state law.
If a state’s meal period law permits a waiver of the meal period when working 8 hours (or longer) in the day, employees are not permitted to waive the minimum 60-minute meal period provided during their first 8 hours of work. However, with management approval, and based on state law, employees may request a waiver of state specific “second” meal period requirements.
See the State Exceptions section of this policy for additional state specific rules regarding meal periods.
Minors Employees under 18 years of age who work more than five consecutive hours should be scheduled to have a minimum 60-minute meal period that starts no later than the end of the employee’s fifth hour of work, unless state law requires an earlier start time for employees under 18 years of age to begin their meal period.
Recording Meal Periods in the Time Management Tool Meal periods are recorded in the Time Management Tool using the Meal pay code. An alert will be generated for the employee and manager if a meal is entered for 20 minutes or less. In these instances, the Meal pay code should be changed to the Worked pay code to ensure the employee is paid for the time in accordance with federal law.
In the absence of state law, when an employee is working an overnight shift and a portion of their meal period, crosses over 12:00 am, it is not necessary to make corrections in the time management tool as long as the total duration of the meal period exceeds 20 minutes. However, if state law, for example, requires a minimum 30-minute meal period, and a portion of the meal period crosses over 12:00 am, it is not necessary to make corrections in the time management tool as long as the total duration of the meal period equals or exceeds 30 minutes.
Enterprise Rest Break Policy
Unless otherwise required by state law, rest breaks for non-exempt/overtime eligible employees shall be based on business needs.
Full-time and part-time employees working in states with or without rest break laws, are not permitted to combine rest breaks with applicable meal periods, or take rest breaks at the beginning or end of the work day to arrive late or leave early, or combine rest breaks together. This also applies to all areas that use a Workforce Management tool for scheduling formal rest breaks.
Rest Break Guidelines for Employees Working in States without Rest Break Laws It’s recommended that non-exempt/overtime eligible employees working in states that do not have rest break laws, be permitted to take 15-minute rest breaks based on business needs.
Recommended rest break guidelines for full-time employees are as follows:
Full-time employees with a standard 8 hour work schedule
Two 15-minute rest breaks
Full-time employees with a “4X10” work schedule
Two 15-minute rest breaks
Full-time employees who work a half-day, for example, and take the remainder of the day off
One 15-minute rest break which cannot be taken at the beginning or end of the half-day worked
Full-time employees who work less than 3.25 hours, for example, and take the remainder of the day off
It is not necessary to provide a 15-minute rest break for employees who work less than 3.25 hours during the work day
Recommended rest break guidelines for part-time employees are as follows:
Part-time employees who work more than 5.75 hours during the work day
Two 15-minute rest breaks
Part-time employees who work 3.25 hours to 5.75 hours during the work day
One 15-minute rest break
Part-time employees who work less than 3.25 hours during the work day
It is not necessary to provide a 15-minute rest break for employees who work less than 3.25 hours during the work day
Rest Breaks of 20 Minutes or Less The following information is applicable to all full-time and part-time employees working in states with or without rest break laws including full-time and part-time employees working in areas utilizing a Workforce Management tool for scheduling formal rest breaks
Regardless of whether a rest break is or is not required by state law, under federal law, a rest break that is 20 minutes or less is compensable work time and included as hours worked in the calculation of overtime. This information is not intended to imply that rest breaks should be 20 minutes long. Rather, this information is intended to clarify that if an employee is permitted to take a 15-minute rest break, but, for example, takes a 16-minute rest break, under federal law, this 16-minute rest break is compensable.**
**Note: Employers in New Mexico and Wisconsin are not required to provide rest breaks for their employees. However, if rest breaks are provided for employees working in New Mexico or Wisconsin, rest breaks of less than 30-minutes are compensable under state law. If rest breaks are provided, management can still limit the length of the rest break, for example, to no longer than 15 minutes.
Abuse of rest breaks, for example, by repeatedly extending a rest break beyond the time permitted is a performance management issue and can result in disciplinary action, including termination of employment. Additionally for those employees who work in states that do not have rest break laws, repeated abuse of authorized rest breaks may also result in the employee losing his or her privilege to take formal 15-minute rest breaks.
Recording Rest Breaks in the Time Management Tool Paid rest breaks are NOT recorded separately in the Time Management Tool, but included in the employee’s work time through use of the Worked pay code (or other time worked pay code such as Personal Development, Travel, etc.).
An alert is generated in the time management tool for the employee and manager when a gap of unpaid time from work is entered for 20 minutes or less. Breaks of 20 minutes or less from work time, scheduled or unscheduled, are required to be compensated under federal law and as such should be coded in the time management tool using the Worked pay code (or other time worked pay code).
State Exceptions – State Meal Period and Rest Break Resource Document
Non-exempt/overtime eligible employees are responsible for appropriately and accurately completing their timesheets each day to ensure they are paid correctly.
Managers/supervisors are responsible for explaining the policy and for reviewing their direct reports’ timesheets for accuracy and timely submission.
As needed, Human Resources should provide assistance to managers and employees in understanding and applying the policy.