密歇根卫生系统Trinity Health Grand Rapids一雇主受到宗教偏见指控卫生系统将支付 5 万美元来解决因拒绝流感疫苗豁免而产生的宗教偏见指控。在雇主拒绝了申请人的宗教豁免请求并撤销了他的有条件工作机会后，平等就业机会委员会提起诉讼。
Trinity Health Grand Rapids是一家位于密歇根州的医院和卫生系统，将支付50,000美元以解决一项诉讼，该诉讼指控其未能适当考虑员工豁免其流感疫苗政策的请求。
美国平等就业机会委员会（U.S. Equal Employment Opportunity Commission）去年4月对该雇主提起诉讼，指控其违反1964年《民权法案》第七章的宗教歧视。
据该机构称，Trinity的流感政策（EEOC表示已停止）要求员工每年接种流感疫苗，除非他们获得豁免。根据EEOC的起诉书，在收到有条件的录用通知后，原告根据他的宗教信仰提出了豁免请求，Trinity最终认为该请求“不充分”并拒绝了。Trinity随后撤销了申请人的工作机会。
作为同意令的一部分，医院将对人力资源和高级领导团队成员进行第七章宗教保护方面的培训。申请人还将获得11,348美元的欠薪和38,651美元的非经济损失。
“员工不应该在工作场所门口检查他们的宗教信仰，”EEOC审判律师戴尔·普莱斯（Dale Price）在该机构的新闻稿中说。 “申请人的反对意见是基于他真诚的宗教信仰，本来可以很容易地得到满足。”
在最初宣布诉讼时，普莱斯指出，如果卫生系统对申请人的住宿请求有疑问，它应该与申请人合作，而不是直接拒绝。
在 COVID-19 疫苗问世和雇主强制要求员工接种疫苗后的几个月里，宗教信仰的诚意成为企业和就业法律师重新讨论的话题。平等就业机会委员会建议，除非他们有其他证据，否则雇主通常应该相信申请人和工人的话。
Trinity Health没有立即回应置评请求。
SOURCE HRDIVE
Michigan
2024年01月24日
Michigan
Rest and Lunch Break Laws in Every US State (2024)Employee meal and rest break rights depend on their own laws according to their state. Meal, rest and minor breaks are detailed below for states of Alabama, Alaska, California….
Summary
Federal law does not require meal or rest breaks. – More
Some states have laws requiring meal and rest breaks – failing to comply can result in severe fines and even lawsuits.
Employers can reduce their risk exposure by automatically scheduling meal breaks and recording them on timesheets with the right software. – More
When it comes to rest and lunch breaks, it’s easy for managers to assume that a few minutes here and there won’t make a difference.
However, this is simply not the case. We’ve seen break-rule violations result in costly lawsuits over the past several years.
In April of 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state’s detailed meal and rest break rules. It’s an attempt to get out of nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating all the way back to 2015.
What’s confusing is that if this healthcare facility was in a different state, say Arkansas, these violations and fines would not exist.
Federal guidance on the subject of lunch breaks is slim to none – but state laws concerning paid and unpaid breaks vary.
It’s important to understand what state-specific rules do and do not apply to your business. While these rules can be convoluted, it is actually quite easy to comply these days with the right scheduling software in place.
Federal break laws
No federal law requires companies to offer breaks during work hours for meals or any other purpose.
However, according to the U.S. Department of Labor, federal law says that if a company chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock.”
So, in essence, the federal government leaves it up to the employer. Rest breaks (under 20 minutes) are paid, and meal breaks (over 30 minutes) are unpaid. If a state has no laws regarding breaks, these federal standards automatically apply.
State break laws
It is up to the states to choose their own lunch and rest break laws. Some states default to the federal policy, while others have their own set of specific regulations to follow.
All meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer’s discretion.
Find your state below and click on it to see its rest and lunch break rules:
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Alabama
Meal Break: None
Rest Break: None
Minor Break:14-15-year-old employees who work more than 5 continuous hours get a 30-minute break.
Alabama defaults to federal law regarding breaks for workers aged 16+. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Alaska
Meal Break: None
Rest Break: None
Minor Break: Minors ages 14-17 who work 5+ consecutive hours get a 30-minute break.
Alaska defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Arizona
Meal Break: None
Rest Break: None
Minor Break: None
Arizona defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Arkansas
Meal Break: None
Rest Break: None
Minor Break: None
Arkansas defaults to federal law regarding breaks for workers of all ages. If an employer chooses to provide a break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than this do not need to be paid as long as the employee is completely relieved of all duties.
The state does have a special lactation break law. Employers must provide reasonable unpaid break time to employees who are lactating. These breaks must be taken in a private place close to their work area (not a bathroom stall).
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California
Meal Break:
Employees get a 30-minute paid meal break during a shift that is longer than five consecutive hours. If the employee is relieved of regular work duties and can leave the premises during their break, the break goes unpaid. But if these requirements are not met, the break must be paid at the regular rate of pay.
An employee may also waive their lunch break upon mutual consent with management if a workday will be completed in six hours or fewer.
If a work shift is longer than 10 hours, a second 30-minute rest break must be provided. If a total of 12 hours or fewer are worked in a day, this second meal break may be waived, but only if the first meal period was not waived. Employees who work longer than 15 hours get an additional third 30-minute break. If they work longer than 20 hours, they get a fourth 30-minute break.
If an employer fails to provide an employee a meal break during a shift, they owe the employee one extra hour of pay at the employee’s regular rate.
Rest Break:
Employees get a 10-minute paid rest break every 4 hours. A 10-minute break is not required for work time totaling less than three and a half hours.
Employees working in extreme weather conditions must also be provided with a five-minute “recovery period” in a protected environment in addition to their meal and rest break.
For every day an employee is forced to work through one or more of their rest breaks, their employer must pay them one additional hour of wages at the regular rate.
Minor Break: N/A
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Colorado
Meal Break:30minutes for employees who work 5+ hours. If the break is “duty-free” it goes unpaid. However, if a “duty-free” meal is not possible, the employee may take an “on-duty” meal, in which case the employee must be paid.
Rest Break:10minutes paid per 4 hours worked only for employees in the retail, food and beverage, commercial support, health, and medical industries.
Minor Break: N/A
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Connecticut
Meal Break: 30 minutes for non-exempt employees who work at least 7.5 hours. Employers are exempt from this requirement only if:
Complying endangers public safety
The duties of the position can only be done by one employee
Fewer than five employees are working a shift in a particular location
Operations require employees to be available to respond to urgent conditions
Rest Break: None
Minor Break: N/A
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Delaware
Meal Break: Unpaid 30 minutes for employees 18+ who work at least 7.5 hours. Meal breaks must be given sometime after the first two hours of work and before the last two hours of work. Employers are exempt from this requirement only if:
Complying endangers public safety
The duties of the position can only be done by one employee
Fewer than five employees are working a shift in a particular location
Operations require employees to be available to respond to urgent conditions
There exists a collective bargaining agreement that provides otherwise
The employee is employed by a local school board to work directly with children
Rest Break: None
Minor Break: 30 minutes for employees under 18 for every 5 consecutive hours of work.
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Florida
Meal Break: None
Rest Break: None
Minor Break: 30 minutes for employees under 18 who work more than 4 hours.
Florida defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Georgia
Meal Break: None
Rest Break: None
Minor Break: None
Georgia defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Hawaii
Meal Break: None
Rest Break: None
Minor Break: 30 minutes for 14 and 15-year-old employees who work five consecutive hours
Hawaii defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Idaho
Meal Break: None
Rest Break: None
Minor Break: None
Hawaii defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Illinois
Meal Break: At least 20 minutes unpaid for employees who work 7.5+ continuous hours. Must be given no later than five hours after beginning work.
Rest Break: None
Minor Break: At least 30 minutes for employees under 16 who work 5+ hours.
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Indiana
Meal Break: None
Rest Break: None
Minor Break:1-2 breaks totaling 30 minutes for employees under 18 who work at least six consecutive hours.
Indiana defaults to federal law regarding breaks for workers aged 18+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Iowa
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under the age of 16 who work 5+ consecutive hours.
Iowa defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Kansas
Meal Break: None
Rest Break: None
Minor Break: None
Kansas defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Kentucky
Meal Break: Reasonable unpaid break period (typically 20-30 minutes long) after the third and before the fifth hour of work for employees who work 5+ consecutive hours.
Rest Break: 10 minutes after every 4 hours of work.
Minor Break: N/A
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Louisiana
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes unpaid for employees under 18 who work five consecutive hours
Louisiana defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Maine
Meal Break: None
Rest Break: At least 30 minutes unpaid for all employees who work 6+ hours, but only if there are three or more people on duty.
Minor Break: N/A
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Maryland
Meal Break: None for the majority of employees. However, under the Healthy Retail Employee Act, retail organizations with 50+ staff operating for 20+ calendar weeks must give employees a 30-minute meal break if they work a shift that is longer than six hours.
Rest Break: Under the Healthy Retail Employee Act, certain retail employees are entitled to 15-minute breaks when they work shifts that last 4-6 hours. Employees who work for 8+ hours receive an additional 15-minute break for every additional four hours worked.
Minor Break: 30 minutes for employees under 18 for every five consecutive hours of work.
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Massachusetts
Meal Break: 30 minutes unpaid for employees who work 6+ hours, excluding those in factory and mechanical establishments.
Rest Break: None
Minor Break: N/A
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Michigan
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 18 if they work more than 5 consecutive hours.
Michigan defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Minnesota
Meal Break: Sufficient unpaid time to eat a meal for employees who work 8+ hours. Must be paid if less than 20 minutes.
Rest Break: Sufficient time to use the restroom every 4 hours.
Minor Break: N/A
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Mississippi
Meal Break: None
Rest Break: None
Minor Break: None
Mississippi defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Missouri
Meal Break: None
Rest Break: None
Minor Break: None
Missouri defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Montana
Meal Break: None
Rest Break: None
Minor Break: None
Montana defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Nebraska
Meal Break: None
Rest Break: At least 30 minutes per 8-hour shift for assembling plant, workshop, or mechanical establishment employees.
Minor Break: None
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Nevada
Meal Break: At least 30 minutes for employees working 8+ continuous hours.
Rest Break: At least 10 minutes paid every 4 hours. This break is not typically required if an employee’s total work time is less than three and a half hours.
Minor Break: N/A
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New Hampshire
Meal Break: 30 minutes for employees who work 5+ consecutive hours.
Rest Break: None
Minor Break: N/A
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New Jersey
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 18 who work 5+ hours.
New Jersey defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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New Mexico
Meal Break: None
Rest Break: None
Minor Break: None
New Mexico defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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New York
Meal Break:30minutes for employees who work 6+ hours between 11 am and 2 pm. 45 minutes for employees midway through a 6+ hour shift that starts between 1 pm and 6 am. An additional 20 minutes between 5 pm and 7 pm for those working a shift starting before 11 am and continuing after 7 pm.
Different rules apply to factory workers. They get a 1-hour lunch period anywhere between 11 am and 2 pm for 6+ hour shifts or a 60-minute break midway through a shift of more than 6 hours that starts between 1 pm and 6 am.
Rest Break: 24 consecutive hours per week
Minor Break: N/A
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North Carolina
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 16 who work 5+ hour shifts.
North Carolina defaults to federal law regarding breaks for workers aged 16+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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North Dakota
Meal Break: 30 minutes unpaid for employees who work 5+ hours when two or more employees are on duty.
Rest Break: None
Minor Break: N/A
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Ohio
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes unpaid for employees under 18 working five consecutive hours or more.
Ohio defaults to federal law regarding breaks for workers aged 18+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Oklahoma
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for every 5 hours worked and 1 hour for every 8 hours worked for employees under 16.
Oklahoma defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Oregon
Meal Break: At least 30 minutes, unpaid, uninterrupted, and relieved of all duties, must be provided per 6 hours worked. No meal break is required for shifts under 6 hours.
6-14 hours: 1 break
14-22 hours: 2 breaks
22-24 hours: 3 breaks
Rest Break: 10 minutes paid based on hours worked.
2-6 hours: 1 break
6-10 hours: 2 breaks
10-14 hours: 3 breaks
14-18 hours: 4 breaks
18-22 hours: 5 breaks
22-24 hours: 6 breaks
Minor Break: Workers under 18 receive the same meal breaks as adults; however, it is required that they get 15-minute rest breaks rather than 10-minute breaks.
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Pennsylvania
Meal Break: None
Rest Break: None
Minor Break: 30 minutes per 5 hours for workers under 18 years of age.
Pennsylvania defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Rhode Island
Meal Break: 20 minutes for employees who work 6 hours and 30 minutes for employees who work 8+ hours. The break may be unpaid if the employee is relieved of all duties.
Rest Break: None
Minor Break: N/A
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South Carolina
Meal Break: None
Rest Break: None
Minor Break: None
South Carolina defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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South Dakota
Meal Break: None
Rest Break: None
Minor Break: None
South Dakota defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Tennessee
Meal Break: At least 30 minutes for employees who work 6+ hours
Rest Break: None
Minor Break: N/A
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Texas
Meal Break: None
Rest Break: None
Minor Break: None
Texas defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Utah
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for lunch no later than 5 hours into the workday for employees under 18. They must also be given a 10-minute rest break for every 4 hours worked and cannot work 3+ consecutive hours without a 10-minute break.
Utah defaults to federal law regarding breaks for workers aged 18 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Vermont
Meal Break: Employees must have a “reasonable opportunity” to eat and use the restroom. This opportunity must be paid if it is less than 20 minutes.
Rest Break: None
Minor Break: N/A
Vermont has a special lactation break law requiring employers to provide reasonable break time throughout the day to employees who are lactating. It is left to the employer’s discretion whether these breaks are paid or unpaid unless denoted by a collective bargaining agreement.
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Virginia
Meal Break: None
Rest Break: None
Minor Break: At least 30 minutes for employees under 16 who work 5+ consecutive hours.
Virginia defaults to federal law regarding breaks for workers aged 16 and over. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Washington
Meal Break:30minutes for every 5 consecutive hours worked, given not less than 2 hours nor more than 5 hours from the beginning of a shift (excludes agricultural employees). 30 additional minutes for employees who work at least 3 hours past the time they normally end their shift. Unpaid if the employee is completely free of duties.
Rest Break: At least 10 minutes for every 4 hours worked.
Minor Break: 14 and 15-year-old employees must have a 30-minute meal break before working 4 consecutive hours. A 30-minute meal break is required for employees ages 16 and 17 no less than 2 hours but no more than 5 hours from the beginning of their shift.
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West Virginia
Meal Break: 20 minutes for employees who work 6+ hours.
Rest Break: None
Minor Break: At least 30 minutes if scheduled to work over 5 hours.
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Wisconsin
Meal Break: None
Rest Break: None
Minor Break: 30 minutes duty-free for employees under 18 working 6+ consecutive hours. 16 and 17-year-olds must have 8 hours of rest between shifts if scheduled after 8 pm.
Wisconsin defaults to federal law regarding breaks for workers aged 18+. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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Wyoming
Meal Break: None
Rest Break: None
Minor Break: None
Wyoming defaults to federal law regarding breaks for all workers. If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid, as long as the employee is completely relieved of all duties.
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Meal vs. rest breaks
The main difference between a meal and a rest break is often its length. The typical meal break is 20-30 minutes and must be taken around midday, while a rest break is usually anywhere between 10-15 minutes and occurs at regular intervals throughout a shift.
As with lunch breaks, no federal labor law requires short breaks at work. Only 11 states have local laws requiring employers to offer rest periods during work hours, and these short breaks almost always come in addition to a meal break. For instance, Colorado requires a 30-minute meal break for 5+ hour shifts and a 10-minute break for every four hours of work.
Sometimes, however, it’s all just semantics.
Take Maine, for example. The Pine Tree State is the only one of these 11 states that does not have a “meal break” per see, but it does have a rest break, requiring 30 minutes for work periods of over six hours. Technically, it’s not a meal break, just a rest break, but you and I both know it’s used for lunch.
Minors and break laws
State laws typically afford minors more break leniency than adult employees. While most state meal break rules for adults automatically cover minors, some states have specific standards for those under 18. Delaware, for example, gives adults a 30-minute break for seven and a half hours worked while giving those under 18 the same break time for only five hours worked.
Some states with no adult lunch or rest break rules have unique break laws for minors. For instance, Louisiana and Michigan require employers to give 30-minute breaks to employees under 18 for shifts longer than five consecutive hours. However, In Hawaii, this same rule applies only to 14 and 15-year-olds.
Managing rest and meal breaks
If your state has specific rest break requirements, it’s essential that management understands them and takes appropriate action to uphold them. This, of course, is sometimes easier said than done.
Without the right protocols and tools in place, tracking breaks can be tough, especially in complicated states like California, Oregon, and New York. Luckily, there are many ways to automate the workload.
An online employee scheduling and time tracking platform like Workforce.com handles all break and employment law compliance for you, meaning staff will never miss breaks, and your business will never be penalized. Here are a few specific ways the cloud-based system helps you plan lunch breaks and calculate compensation accurately:
Auto-schedule compliant breaks
Workforce.com’s scheduling allows managers to automatically apply compliant meal and rest breaks to employee schedules according to local state laws. Employees can easily view these breaks from their phones, knowing exactly when to work and rest.
Capture break clock-out data
Via a time clock app, staff can temporarily clock out for breaks, and then clock back in once their break is over. This granular time clock data helps managers easily pinpoint non-compliant break times on timesheets.
Utilize time clock questions
Managers can create conditional questions that appear whenever an employee clocks out of a shift. These questions may ask things like “Did you waive your break?” or “Did you take your break?” depending on the length of the shift. Answers will automatically add all necessary premiums and allowances to timesheets, ensuring employees are always paid accurately.
Track breaks in real-time
With a live time clock feed, managers can see who’s working, who’s not, and who’s on break – all in one place and in real-time. This frontline visibility helps managers respond more quickly to lunch break non-compliance.
Manage break rules across state lines
Workforce.com has robust team and location functionality, letting you set up multiple locations on the platform. Break rules at each location can be configured according to local state laws, ensuring chains stay organized no matter where they are in the country.
Support staff and protect your business with better breaks
There are two key things managers can do right now to ensure their business stays on the right side of the law. One is to understand and adhere to whatever legislation applies in your state. The other is to be clear about what breaks are allowed, encourage staff to use them, and ensure they are accurately recorded.
Doing all of this manually is a huge task and is prone to human error. Use employee scheduling software instead to automate how breaks are administered. Pair it with a time and attendance system to log hours and wages accurately so you’ll never have to search old time cards and spreadsheets for the needed data. Sound intriguing? Get in touch with us today, let’s talk about it.
But getting break times right doesn’t just reduce your risk exposure – it also makes for happier employees.
Shift workers deserve their breaks. Routinely taking time during a shift to eat, rest, and recharge always helps productivity and, most importantly, mental health.
SOURCE Workforce
Michigan
2024年01月21日
Michigan
How to Learn More About Labor Relations
There’s a lot of talk about labor relations (i.e., union activity) in today’s news. While we’re reading about it more, the actual number of American workers that belong to unions is relatively small. According to the Bureau of Labor Statistics, it’s 10.1% and only 6% in the private sector. So, it’s not unusual that individuals might not have much labor relations experience. That’s what today’s reader note is all about.
"I am looking for some direction. I love your emails and share them with my peers.
Can you suggest any online blog, certificate program, or course I can take that would help me interpret union contracts more effectively? I am struggling to understand the grey area of the language sometimes. What I interpret the language as saying is different than the original intent of the language and I get stuck. Any help or direction you could give would be great. Have a great day!"
When it comes to labor relations, one of the first things that individuals need to know is what legislation governs your industry. For instance, many organizations are governed by the National Labor Relations Act (NLRA). But some industries – like transportation – are governed by the Railway Labor Act. And if you’re in the public sector, the rules are different as well. So, understanding the rules is step one.
While I have some labor relations experience, I know someone who is a specialist in this area and thankfully, when I asked if he would share his expertise, he said “yes”. Michael VanDervort is a staff member with the Labor Relations Institute (LRI) in Tulsa Oklahoma. In his role, Michael specializes in creating thriving workplaces driven by positive associate relations. Before joining LRI, Michael worked in labor relations for Publix Super Markets and was executive director of CUE Inc., a non-profit, member-run organization dedicated to assisting companies in the creation and maintenance of positive working environments. Michael and I have known each other for years. We met as volunteer leaders with the Society of Human Resources Management (SHRM) and HR Florida.
Michael, thanks for much for being here. Can you share with readers how you got started in labor relations?
[VanDervort] I grew up in Michigan at a time when the state was the center of the universe when it came to the auto industry and manufacturing, especially the UAW (United Auto Workers). My dad was a manufacturing supervisor at that time and would come home with paperwork that included lists of grievances that had been filed by employees, and he would have to write responses. I guess I was an HR nerd even then because I remember reading the complaints and saying,‘But why….??’ about all kinds of work-related complaints.
When I graduated with my bachelor’s, I originally planned to go to law school, but I decided to take a year off to earn some cash. I applied for and got hired into a job with the U.S. Postal Service as a letter carrier, and I joined the National Association of Letter Carriers Union (NALC). I became a union member, realized how bad the relationship between craft workers and postal management was, and started asking,‘But why…？’ again. I became active with the union, winding up as an elected official, but I knew I could do more.
A few years later, I applied to graduate school for my master’s in labor and industrial relations. I switched to the management side 35 years ago because that’s where you can make the most difference, and I have been doing this work ever since and still love it.
Before we start talking about the reader note, I want to ask about non-union environments. Why should HR professionals in non-union environments learn about labor relations?
[VanDervort] If you manage in a non-union environment, you have a blank slate for establishing a thriving workplace culture. If you do this well, your people will never need a union. That’s the first reason.
The second is that even though it may seem remote and esoteric to non-union practitioners, the National Labor Relations Board (NLRB) is an influential agency with jurisdiction over many crucial aspects of the workplace that apply to all employers, regardless of union status. Any employee, including non-union employees covered by the NLRA, can file an unfair labor practice (ULP) charge with the NLRB and bring the Board to your front door. Most of these charges would be related to protected concerted activity for things like complaining about unfair treatment, being disciplined, or fired for sharing company information, or handbook policy violations.
The reader expressed interest in building their labor relations knowledge. If someone wants to learn more about the area of labor relations, can you name a handful of low-cost / no-cost resources?
[VanDervort] There are many newsletters and organizations that focus on labor relations in different ways, including professional organizations like:
CUE Inc., a community for positive employee relations
HR Policy Association
Society for Human Resource Management (SHRM)
Law firms also provide great resources with their blogs and newsletters.
Jackson Lewis
Littler Mendelson P.C.
Ogletree Deakins
And free blogs, newsletters, and podcasts abound.
Labor Relations Radio
Labor Union News
Projections Inc. and the ProjectHR podcast
Lastly, my own firm, the Labor Relations Institute, offers free resources and I do a podcast called Labor Relatedly, which I co-host with attorney Jon Hyman as part of the DriveThruHR show. I put out a LinkedIn newsletter called “Positive Employee Relations” several times a week that is a great resource for staying current on developments in the labor space.
And if I have some budget dollars, are there any labor relations educational programs that might be helpful?
[VanDervort] CUE offers some low-cost training like Labor Relations 101 and a periodic certification course in labor relations. They also offer two conferences yearly, which are great learning opportunities for those seeking to learn more about labor relations.
Michigan State University’s School of Human Resources & Labor Relations offers unique monthly courses and a certificate program for someone preparing for a leadership role in a unionized organization.
Cornell University also offers an online certification in labor relations.
This reader note talks about collective bargaining agreement (CBA) language. If an HR pro is trying to interpret the CBA, what should they do? Is there someone specific they should turn to for guidance?
[VanDervort] The first piece of advice I received about learning labor relations and contract interpretation was ‘read the labor agreement’. This is completely true. Everything starts with the labor agreement. From there, you have guidelines in precedent, past grievance settlements, bargaining notes from negotiations, and your internal/external labor attorneys to draw from. However, you need to build your own knowledge first because every conversation you have around grievances, arbitration, and work rules with a union representative derives from that CBA, so you need to know it inside out.
Last question. I’ve worked with some companies where labor relations were left up to lawyers and consultants. I’m not a lawyer or consultant bashing – they are invaluable, especially when employees might be considering union representation (i.e., organizing) and contract negotiations. How can an HR pro know when to call in outside expertise?
[VanDervort] It goes back to knowing the basics of labor law, what the current trends are in labor relations are, and how they might impact your employer.
If you are non-union, follow what the NLRB is doing policy-wise. They create policies every week that impact non-union workplaces significantly. You are not doing your job if you aren’t on top of these developments. Stay abreast of what labor unions are doing and what industries they focus on for organizing. If you get a surprise petition or ULP charge, you are going to be hard-pressed to respond.
If you are a union employer facing contract negotiations, ULPs, or even a strike, you must be prepared and have plans in place. These are the times when having a labor attorney or consultant in your contacts makes sense.
A huge thanks to Michael for sharing his experience and knowledge with us. Michael frequently speaks and writes about a wide variety of human resources topics, including labor and employee relations, positive workplace leadership, and social media. So, I hope you’ll check out all the resources he has provided.
One of the big takeaways for me in this conversation with Michael is there’s a place for labor relations in both union and non-union environments. And he’s absolutely right in saying that the NLRB is an influential agency. It’s worth your time to proactively understand what’s happening, not only for your own professional development but your company culture.
Image captured by Sharlyn Lauby while exploring the streets of Tampa, FL
SOURCE HR Bartender
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