Breaking: The Law
We often get questions regarding required break times in the state of Michigan, so we figured that a quick review of the basics would be helpful.
For employees 18 and older, there is no legal requirement to provide paid or unpaid breaks to employees. It is important to note that when a business does provide a break period (generally from 5 to 20 minutes), federal law mandates that the break be considered compensable time, meaning that it must be paid and included in the calculation of overtime. Bona fide meal periods, such as lunch breaks, are typically 30 minutes or longer and do not have to be paid.
For minors younger than 18, work shifts cannot be more than five hours straight or the employer must provide 30 minutes of uninterrupted rest. This mandatory rest period does not need to be paid.
There are other employer requirements related to break periods, including the recent Federal law requiring employers to give nursing mothers ample time to express milk. Additionally, in some instances, collective bargaining agreements may govern provision of breaks and meal periods. To get a customized review of your company's legal requirements and recommended schedules, please contact us now.
When it comes to best business practices, EctoHR generally recommends one 10 to 15 minute break period per four hours worked and one lunch break of at least 30 minutes for every shift that exceeds 6 hours. This means that if an employee works a standard 8 hour work day, he/she be given a morning break (paid), a 30 or 60 minute lunch break (unpaid) half way through the day, and one afternoon break (paid). It is important that employers communicate break and meal period guidelines clearly to employees. Hourly employees specifically should know that lunch periods are unpaid, for example, and that working off the clock is a violation of company policy.
One common challenge for employers is break time for employees who smoke. One sure fire way to create employee discontent is to allow smokers to ping pong out the back door every hour while non-smokers whisper about unfair break periods. It is important that employers are realistic about productivity and smoke breaks, communicating a reasonable policy. For example, if a smoker wants to take two 5 minute breaks instead of one 10 minute break, this may be acceptable in certain work environments where a short interruption does not bring overall productivity to a screeching halt.
