Does
the Law Entitle You To a Break?
Most
employees feel they are entitled to rest periods during a workday, but
are they? Consider and then answer the following:
I
am entitled to rest periods during my workday because:
a)
The Fair Labor Standards Act guarantees my right to rest periods.
b) The United States Constitution guarantees my right to rest periods.
c) Under the employment policies applicable to my employee group I must
be allowed rest periods.
d) If I don't take a rest period, I will fall asleep at my computer.
You're
right if you answered "C"! Although many employees believe rest
periods are as fundamental as free speech or other constitutional rights,
neither the Constitution nor the Fair Labor Standards Act (FLSA) guarantees
rest periods for employees.
Under
Maricopa County Community College District employee policies for the professional
staff, maintenance and operations, and crafts employee groups, an employee
is allowed a fifteen-minute rest period during the first half of his or
her work shift and another fifteen-minute rest period during the second
half. Scheduling of rest periods is the responsibility of each supervisor
with input from employees.
The
FLSA does, however, govern whether an employee is paid during rest periods
and whether rest periods count toward the 40-hour workweek.
Inclusion
of time in the workweek is important because if you are classified as
"nonexempt" under the FLSA, you will receive overtime pay for
all hours worked in excess of the 40-hour workweek.
The
FLSA provides that rest periods of five to twenty minutes in length must
be considered as time worked. Meal periods of thirty minutes or longer
are typically not considered time worked unless an employee is required
to perform job duties, whether active or inactive, during the meal period.
This is true even if an employee is not allowed to leave the premises
during a meal period.
So
review your employee group policies to determine if and when you're entitled
to a rest period.
Published
in the Fall 2002 Edition of In Brief
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