I Need A Break
by Susan Martin
Oh, how employees covet break times and lunch! However, are businesses really required to provide breaks and meal periods?
The Survey Says
According to the 2013/2014 version of the AAIM Policies and Benefits Survey, conducted biennially by St. Louis-based AAIM Employers’ Association, the majority (57%) of employers provide two breaks during the day, 10 to 15 minutes each. The remaining survey respondents either provide only one break (7%) or do not provide any formal breaks (35%), allowing employees to take breaks as needed. The break times are paid at 95% of the responding companies.
The lunch “hour” is a misnomer at 96% of the surveyed companies because workers have an average of only 38 minutes to devour their PB and J. At the remaining 4% of the companies, the lunch time is flexible and time is not tracked.
Issues to Consider
Surprisingly, nothing in federal or Missouri state law requires rest or meal periods, except for certain employers that are required to offer noncompensable breaks for breastfeeding mothers. Employers are allowed to determine their own policies regarding the frequency and length of breaks.
However, the federal Fair Labor Standards Act (FLSA) does set standards for when work breaks and meal periods must be counted as paid work time. For example, breaks lasting for five to 20 minutes must be compensated. Also, if the employee is not completely relieved from all work duties during a meal period, the time must be paid.
Susan Martin (susan.martin@aaimea.org) is member answer center coordinator for AAIM Employers’ Association, which helps Missouri and Illinois companies manage their people and processes.