Question: I understand that employees can, but are not required to, take rest breaks. How can I keep employees who do not take breaks from later claiming that they were not allowed to take them?
Answer: It is not uncommon for employees who occasionally, or even frequently, fail to take advantage of their optional rest breaks to later sue, claiming that they were not permitted to take those breaks. When this occurs, it can be difficult for an employer to prove that it was the employee's choice not to take the breaks. Employers should consider having employees sign a statement acknowledging their right to take breaks, and instructing the employees what to do if they are not able to take their breaks. Such a statement will make it very difficult for a disgruntled ex-employee to later claim he or she was not permitted to take breaks.
SAMPLE MEMO TO EMPLOYEES REGARDING MEAL/REST BREAKS
All non-exempt employees are required to take an unpaid uninterrupted meal break of at least thirty (30) minutes for every five hours of work. Your regular meal break will be made a part of your schedule by your manager and all non-exempt employees are required to take their meal break as assigned. Failure to take an assigned meal break may be grounds for discipline.
All non-exempt employees are authorized and instructed to take an uninterrupted ten (10) minute rest break if they work more than 3
