4.16.2018
Employers know that they have to have their non-exempt employees punch in and out every work day so that there is an accurate record of the hours their employees worked. However, in addition to having their employees punch in and out at the start and end of the day, employers need to be sure that they are handling rest breaks and lunch breaks correctly. While generally employers do not have to offer their employees time for lunch or rest breaks, if they choose to do so, they must be sure that they comply with the Fair Labor Standards Act (the Act).
The Act does not require employers to pay their employees for breaks that are a half hour or more. As such, employers who give their employees rest breaks or meal breaks that are a half hour or more, can require that their employees punch in and out for these breaks. Note, however, employees should not do any work for the employer during this time.
With respect to short breaks (usually lasting 5-20 minutes), the Act requires employers to pay their employees for them. As such, employees should remain on the clock and not punch out for short breaks.
In addition to the Act, employers must comply with state law regarding rest breaks. New Jersey law does not require most employers to provide their employees with a rest or lunch break, with the exception of employees under the age of eighteen.
As such, whether or not an employer offers lunch or rest breaks is generally up to the employer. However, should you choose to offer such breaks, be sure to follow the provisions of the Act and state law. Additionally, employers should have policies in place regarding rest and meal breaks and the policies should be enforced in a non-discriminatory fashion.
Takeaway: Employers should be sure to create and enforce policies regarding meal and rest breaks to ensure they are complying with the Fair Labor Standards Act and state law.
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.
