Mandatory Employee Breaks: What to Do When Employees Are Not Taking Their Breaks
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Learn how to minimize company-wide liability by ensuring your employees are receiving mandatory breaks.
In 2019, employers are facing an unfettered number of wage and hour claims, on an individual and company-wide basis. Many of these claims arise from an employer's duty to provide breaks under various employment laws. This topic will provide an overview of break requirements and then delve into best practices for the most cutting-edge break policies available to employers, including a compliance and reporting program for violations. In addition, this material will discuss 'real' feedback from employee interviews on what matters to them in the workplace and provide insight into why this should be important to employers, both from a legal liability perspective but also employee morale. Finally, this topic will detail the potential exposure for employers that fail to ensure their employees are receiving their legal break obligations under applicable law and provide some further guidance on how to minimize company-wide liability.
AuthorsAnnie Ellis, Procopio, Cory, Hargreaves & Savitch LLP
Legal Standards for Breaks
• Meal Periods/Rest Periods
Strong Break Policy
• Components of Policy
• Applicability of Waivers
• Remedies for Non-Compliance (Compliance Program)
• Discipline for Intentional Violations
• Implementing Policy
• Supervisor Training
Importance of Employee Lunch Areas and Similar Perks
• Break Rooms
• Coffee Machines
• Lunch Outings
• Break Signs
• Agency Claims
• Single-Plaintiff Lawsuits
• Class and Representative Actions
• Arbitration Agreements?