Forums
Break Time Regulations
Legal Forum
Break Time Regulations
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
For this question you will need to know that this applies in the state of Nebraska. My question is can an employer who previously allowed for breaks off of site now require that hourly employees
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:4a5d0d00-60cd-4c8f-8e7e-b1351c124772
Forums » Topic Forums » Legal Forum » Break Time Regulations
|
Break Time Regulations
posted at 4/19/2012 3:51 PM EDT
on Workforce Management
|
Posts: 1
First: 4/19/2012 Last: 4/19/2012 |
For this question you will need to know that this applies in the state of Nebraska. My question is can an employer who previously allowed for breaks off of site now require that hourly employees clock out for those breaks if he/she is leaving the site? Management claims that this is due to the fact that if an injury occurs, employees can claim workman's comp. However, our worksite has been here for five years and never once has there been a workman's comp claim. However, it was following the firing of an employee who management claimed to have been taking excessive breaks. What she was actually doing was taking a break when the "team leader" was to prove a point. However she was faulted for it. Because Nebraska does not have a mandatory break period law, is there a Federal law that can cover this? A few of us employees find it unfair as we used these 15 minute break periods to go for a walk, but that requires us to leave the site. |
|
Re: Break Time Regulations
posted at 4/19/2012 4:35 PM EDT
on Workforce Management
|
Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
In Response to Break Time Regulations: For this question you will need to know that this applies in the state of Nebraska. My question is can an employer who previously allowed for breaks off of site now require that hourly employees clock out for those breaks if he/she is leaving the site? Management claims that this is due to the fact that if an injury occurs, employees can claim workman's comp. However, our worksite has been here for five years and never once has there been a workman's comp claim. However, it was following the firing of an employee who management claimed to have been taking excessive breaks. What she was actually doing was taking a break when the "team leader" was to prove a point. However she was faulted for it. Because Nebraska does not have a mandatory break period law, is there a Federal law that can cover this? A few of us employees find it unfair as we used these 15 minute break periods to go for a walk, but that requires us to leave the site. Posted by YSTAdmin The short answer is yes the employer can do this. In general there is no entitlement to breaks unless there is a union contract that specifics breaks. |
|
|
Re: Break Time Regulations
posted at 4/20/2012 11:17 AM EDT
on Workforce Management
|
Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
They can require you to clock out but if the break is less than 20 minutes, you must be paid for it under FLSA. But they dont' have to allow breaks at all. I do suspect that if the employee is leaving the site that the breaks have gotten longer than the 20 minutes and they are trying to prove a point to the employee about exactly how long they are actually gone. If and when they don't pay for a break less than 20 minutes, then you have an issue. From the DOL: Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable. |
|
|
Re: Break Time Regulations
posted at 5/9/2012 3:06 PM EDT
on Workforce Management
|
|
Posts: 1
First: 5/9/2012 Last: 5/9/2012 |
In Response to Break Time Regulations: From an employer's standpoint - if employees are on lunch or break - and leave our faxcility or work site - we have exposure for anything thye do if they are "on the clock". Typically the liability aspect is enough for us to require "punch outs" or a clear expectation of being "off the clock" when not on premises. Even if there has never been a cse - it only takes one and worker's compensation premiums and liability insurance can go sky high. For this question you will need to know that this applies in the state of Nebraska. My question is can an employer who previously allowed for breaks off of site now require that hourly employees clock out for those breaks if he/she is leaving the site? Management claims that this is due to the fact that if an injury occurs, employees can claim workman's comp. However, our worksite has been here for five years and never once has there been a workman's comp claim. However, it was following the firing of an employee who management claimed to have been taking excessive breaks. What she was actually doing was taking a break when the "team leader" was to prove a point. However she was faulted for it. Because Nebraska does not have a mandatory break period law, is there a Federal law that can cover this? A few of us employees find it unfair as we used these 15 minute break periods to go for a walk, but that requires us to leave the site. Posted by YSTAdmin |
Forums » Topic Forums » Legal Forum » Break Time Regulations
