Many Ohio employers find themselves asking “Am I required to provide my employees with breaks during a work shift?” Most employers are surprised to discover that neither federal nor Ohio law requires employers to provide employees eighteen years old and older with any breaks (lunch or otherwise) during a work shift. Ohio law does, however, require that employers provide employees under the age of eighteen a thirty (30) minute uninterrupted break when working five (5) or more consecutive hours (this may be an unpaid break).
Despite the lack of a legal requirement, most employers opt to provide their employees with breaks for more practical reasons – company morale, employee efficiency, etc. For those employers who provide their employees with breaks, the next question that usually arises is “Am I required to pay employees during breaks?” Federal law provides guidance as to whether or not an employee should be paid during these times, which can be broken down into one of the following two categories:
- Employers who provide employee breaks in excess of twenty (20) minutes do not have to pay an employee during such break (lunch periods or other breaks) if the employee actually takes the break and the employer releases control of the employee – i.e. the employee is free to leave the worksite and does not actually perform work. If the employee is required to do any duties (even minor duties such as making copies), it does not constitute a break, and employers are required to pay the employee for such time.
- Employers who provide breaks twenty (20) minutes or shorter generally must pay employees for such break periods.
If you decide to provide unpaid breaks, here are a few tips to follow:
- All employees should be treated equally. In other words, if you provide one employee a break, all employees should be entitled to a break of equal time.
- Require employees to clock out at the start of a break and clock in upon return. This will allow you to track employees for purposes of time worked and wages owed. In turn, tracking breaks may reduce the chance of a dispute about unpaid overtime and whether an employee actually spent more than 40 hours working per week.
Gertsburg Licata is a full-service, strategic growth advisory firm focusing on business transactions and litigation, M&A, and executive talent solutions for start-up and middle-market enterprises. It is also the home of CoverMySix®, a unique, anti-litigation audit developed specifically for growing and middle-market companies.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
