This column is written and sponsored by Alan Lescht and Associates, PC, an employment litigation firm in Washington, DC, that handles cases involving contract disputes, wage and hour issues, discrimination and retaliation, wrongful termination, whistleblower retaliation and security clearances.
Last week, a federal court ruled that employers must compensate hourly employees for rest breaks under 20 minutes.[1]
Progressive Business Publications used to give hourly employees two paid 15-minute breaks per day. However, in 2009, Progressive stopped paying employees for breaks. Instead, the company created a “flex-time” policy that allowed employees to log off their computers at any time. However, if the employee logged off for more than 90 seconds, he didn’t get paid. For example, employees weren’t paid for the time it took them to take a bathroom break.
The court said the company’s policy was “absolutely contrary” to the Fair Labor Standards Act (FLSA) because it “forces employees to choose between such basic necessities as going to the bathroom or getting paid.”
The court noted that if employees can take a bathroom break and get back to their desks in 90 seconds, they should be playing professional sports or advertising athletic footwear, instead of working for Progressive. Citing to Harry Potter in a footnote, the court doubted that an employee could manage such a feat even if they had access to a Portkey.
Am I entitled to take breaks?
The FLSA protects employees in every state, but it doesn’t require employers to provide meal or rest breaks. However, certain states have their own laws about employee breaks.
For example, under Maryland’s Shift Break law, retail employers must provide 15-minute breaks to employees who work four to six consecutive hours, and 30-minute breaks to those who work more than six consecutive hours.
There aren’t any additional state-level protections for Virginia and DC employees, but the FLSA still requires some paid breaks. (more…)
