Meal & Break Period Policy

Employees may take two scheduled fifteen (15) minute breaks each work day. Breaks will be designated by the supervisor as the daily schedule and situations allow. In general, employees in the warehouse area will receive one break each during the 11 am and 3pm hours. Employees should use the restroom and make phone calls if needed during this time so they only to minimally affect their work time.

Drafting Considerations

The following is background commentary for whoever is drafting or reviewing this policy -- not part of the operative policy above, and not something to publish as a rule employees are bound by.

You must check state and local laws and regulations regarding meal and break periods. The FLSA has no provisions that require breaks, but many states have enacted statutes requiring breaks (for example, after a specified period of work). You should consult with the FLSA, its regulations and applicable state or local laws regarding whether meal period or breaks should be paid time. The length of the break and the nature of the employee's obligations will factor into whether the employer must pay for the time. In general, an employer need not pay for meal periods of over 30 minutes if the employee has no responsibilities to the employer during that period. Note that the two 15-minute breaks described above are short rest breaks, which under the FLSA are compensable work time when provided.