Rest Break Policy
Author: Christine P. Corrigan, CPC Writing Services
When to Use
The federal Fair Labor Standards Act (FLSA) does not require that employers provide rest breaks. However, if an employer chooses to offer them, the FLSA sets out requirements about whether employees must be paid for their time during rest breaks.
In addition, several states require employers to provide rest breaks. The state laws often cover all employees and do not distinguish between exempt and nonexempt workers.
Even in the absence of a specific state requirement, most employers provide rest breaks to employees. Therefore, an employer should consider implementing this policy to inform employees that it offers rest breaks and to set expectations around them. Employers in states with specific requirements should incorporate those requirements into their policies.
The Rest Break Policy should be customized and distributed in conjunction with the Meal Break Policy.
