DUTY-FREE AND UNINTERRUPTED MEAL PERIODS
Non-exempt employees are entitled to take an unpaid duty-free and uninterrupted meal period of thirty (30) minutes whenever you work more than five (5) hours in a workday. This meal period should commence before you have completed five (5) hours of work in a workday. For example, employees who start working at 4 p.m., must begin their meal period no later than 8:59 p.m.
You are entitled to take a second unpaid duty-free and uninterrupted meal period of thirty (30) minutes whenever you work more than ten (10) hours in a workday. This meal period should commence before you have completed ten (10) hours of work, meaning the meal period should begin after working no more than 9 hours, 59 minutes.
Below is a chart which generally summarizes the number of meal periods which are to be provided to employees who work up to 14 hours under this policy. If you work more than 14 hours, you will be provided meal periods consistent with this policy and applicable law.
|
Hours of Work |
Meal Periods
|
|
0 to 3 hours, 29 minutes |
No meal period |
|
More than 4 hours 59 minutes and up to 6.0 hours |
One 30-minute unpaid meal period (unless first meal period is mutually waived pursuant to the policy) |
|
More than 6.0 hours and, up to 9 hours and 59 minutes |
One 30-minute unpaid meal period |
|
More than 9 hours and 59 minutes, up to 12.0 hours |
Two 30-minute unpaid meal periods (unless second meal period is mutually waived pursuant to the policy) |
|
More than 12.0 hours, up to 14.0 hours |
Two 30-minute unpaid meal periods |
The Company will not impede, discourage or dissuade employees from taking meal periods.
You must record the beginning and the end of each meal period on your timeclock. If you perform any work for any reason during your meal period(s), you must record it on your time record so that you can be paid for your time. Working off-the-clock during any meal period is strictly prohibited.
Meal Period Waiver. If your work shift is six (6) hours or less, you may voluntarily waive your meal period in writing. See the management to obtain this waiver form. If you work no more than twelve (12) hours, you can voluntarily waive the second meal period, but only if the first meal period was received and not waived in any manner. Any waiver of the second meal period must be in writing and submitted before the second meal period. See the management to obtain a second meal period waiver form. Employees who work more than twelve (12) hours may not waive, and should take, their second unpaid, off-duty 30-minute meal period.
You are entitled to leave the premises for your duty-free and uninterrupted meal period(s). You may not skip your meal period(s) in order to work unauthorized overtime, to come in late or to leave early without the prior approval of the management. You may not extend the time you have available to you for a meal period by combining meal periods or by adding rest periods to a meal period.
If you are required by the management or by unavoidable work circumstances to delay a meal period beyond the timing noted above, to take a meal period of less than thirty (30) minutes, to work through a meal period, or if your meal period is interrupted for work-related reasons, you will be paid for all time worked and you also will be entitled to receive a one-hour premium pay at your regular rate of pay.
Any late, short, missed or interrupted meal period must be reported to the Company by informing your supervisor. Unless you tell us otherwise, the Company will assume that you are taking all of your meal periods, or that any late, short, missed or interrupted meal period was unrelated to work circumstances.
It is important to the Company that you are provided with the opportunity to take complete and timely meal periods. If you are ever unable to take a desired duty-free and uninterrupted meal period in a timely and complete manner for any work-related reason, let the management know immediately so that we can work with you to ensure that your meal periods are always available to you. You may raise any concerns about your ability to take your meal periods at any time without fear of retaliation; it is our intent that you be able to take all of your designated meal periods, duty-free and uninterrupted, each day of work.
Exempt employees are entitled to take meal periods at reasonable intervals as needed. If your workload prevents you from taking meal periods, let the management know immediately so that we can address the situation.
DUTY-FREE AND UNINTERRUPTED REST PERIODS
Non-exempt employees are entitled to take a paid duty-free and uninterrupted 10-minute rest period for each four-hour work shift or major portion of four hours (i.e., more than two hours), except that employees whose work shift will end in less than 3.5 hours or less are not entitled to a rest period.
Duty-free and uninterrupted rest periods are provided as follows: (1) employees working shifts of 3.5 hours to six hours are entitled to take one rest period of 10 minutes; (2) employees working shifts over six hours to 10 hours are entitled to take two rest periods of 10 minutes each; (3) employees working shifts over 10 hours to 14 hours are entitled to take three rest periods of 10 minutes each, and so on.
Below is a chart which generally summarizes the number of rest breaks which are to be provided to employees who work up to 14 hours under this policy. If you work more than 14 hours, you will be provided rest breaks consistent with this policy and applicable law.
|
Hours of Work |
Rest Breaks |
|
0 to 3 hours, 29 minutes |
No paid rest break |
|
3 hours and 30 minutes and up to 4 hours 59 minutes |
One 10-minute paid rest break |
|
More than 4 hours 59 minutes and up to 6.0 hours |
One 10-minute paid rest break |
|
More than 6.0 hours and, up to 9 hours and 59 minutes |
Two 10-minute paid rest breaks |
|
More than 9 hours and 59 minutes, up to 12.0 hours |
Three 10-minute paid rest breaks |
|
More than 12.0 hours, up to 14.0 hours |
Three 10-minute paid rest breaks and two 30-minute unpaid meal periods |
The Company will not impede, discourage or dissuade employees from taking rest periods.
You are entitled to leave the premises for your duty-free and uninterrupted rest period(s). Your duty-free and uninterrupted rest periods should be taken in the middle of each four-hour work period whenever possible. You may not extend the time you have available to you for a rest period by combining rest periods or by adding rest periods to a meal period.
If you are required by the management or by unavoidable work circumstances to take a rest period of less than 10 minutes, to work through a rest period, or if your rest period is interrupted for work-related reasons, you will be paid for all time worked and you also will be entitled to receive a one-hour premium at your regular rate of pay. Any short, missed or interrupted rest period must be reported to the Company by informing your supervisor. Unless you tell us otherwise, the Company will assume that you are taking all of your rest periods, or that any short, missed or interrupted rest period was unrelated to work circumstances. It is important to the Company that you are provided with the opportunity to take complete and timely rest periods. If you are ever unable to take a duty-free and uninterrupted rest period in a timely and complete manner for any work-related reason, please discuss it immediately with the management so that we can work with you to ensure that your rest periods are always available to you. You may raise any concerns about your ability to take your rest periods at any time without fear of retaliation; it is our intent that you be able to take all of your designated rest periods, duty-free and uninterrupted, each day of work.
Exempt employees are entitled to take rest periods at reasonable intervals as needed. If your workload prevents you from taking rest periods, let the management know immediately so that we can address the situation.