Ohio Lunch and Break Law Requirements

August 7th, 2006 Posted by Sarah

Recently, I’ve been researching state lunch and break laws, as well as other work-hour related issues. In Ohio, the state law only regulates the meal breaks for employees under the age of 18. State law mandates that minors under age 18 be given a 30 minute meal break if they have worked five hours or more. This may be an unpaid break.

While Ohio law does not have any lunch and break provisions for workers 16 and over, residents of the state should know that they are covered by several federal regulations.

Federal law does not mandate any specific meal or rest breaks. It does, however, give guidance as to whether or not an employee should be paid during these times. Short breaks (usually 20 minutes or less) should be counted as hours worked. True “meal periods” are usually 30 minutes or more, and do not need to be paid as work time. During an unpaid meal break, a worker must be completely free of his or her work duties. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.

Federal law also contains regulations related to employee pay during times of waiting, sleeping and traveling. Whether or not waiting time needs to be considered paid work hours depends on the circumstances.

If an employee is at the workplace and allowed to do something of his or her choosing while waiting for one task to be finished or for another to begin, it is generally considered paid work time. A common example of this might be a fire fighter reading a book at the station while waiting for fire calls. On the other hand, if an employee is “on call” at home or elsewhere and waiting to be called upon, it is not generally considered paid work time. For this to be the case the employee must also have great freedom to do what he or she wishes while on call and have plenty of time to respond to the calls.

When it comes to travel time, the principle to observe is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.

Another final issue of interest may be sleeping time. An employee required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be subtracted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.

A listing of state and federal regulations relating to lunch and break law may be found on the Ohio Complete Labor Law Poster. This poster also features information on all other state and federal labor law requirements.

Last 10 posts by Sarah

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Posted in Employment Laws, Ohio, Wage and Hour

  1. Posted by: cathy

    When working in factory are you supposed to get breaks when you work 8 or 10 hours?

  2. Posted by: Amelia

    Hi Cathy! The short answer is that in Ohio employers don’t have to give breaks, although most do. For a more complete answer to all your HR questions, post them on our forums at http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

  3. Posted by: karen

    Are municipal employers or governmental agencies required to give a lunch break or other breaks during the course of the day?

  4. Posted by: Amelia

    Hi Karen! For a complete answer to this question, and all your HR questions, post it on our sister site http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

  5. Posted by: Vickey

    I work in a factory. I wanted to know how long we have to work in before we are given breaks. We were sent to all of our breaks early one day, and it was very short in between each one of them. Also, we get two, ten minute breaks ; and our lunch is 18 minutes long. I work 8 and 1/4 hours each day. ( I get paid for lunch)

  6. Posted by: Amelia

    Hi Vickey! We have a special site set up to answer questions just like yours. Please post it on http://www.laborlawtalk.com, for all the info. And thanks for reading our blogs! Amelia

  7. Posted by: Will

    I hope you can still answer a question for me. Many of us make doctors appointments around our lunch time, so we don’t miss as much of work. The company i work for is not taking the 30min lunch into consideration. Is this allowed by Ohio or government laws?

  8. Posted by: Amelia

    Hi Will! For a complete answer to your question, please post it on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs! ~ Amelia

  9. Posted by: Don T

    What the requirements for lunch breaks in Georgia, how many hours must you work before getting a lunch break?

  10. Posted by: Amelia

    Hi Don T!
    Georgia is one of 31 states in the U.S. that has no meal break law. There is also no federal law that requires employers to give meal breaks to workers. The best practice in most industries is to give workers an unpaid 30 minute meal break for an 8 hour shift. However, there is no law that requires Georgia employers to do so. For more info, you can post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: mary wiley

    Message: If I work a 7 hour shift or longer (ex. scheduled 7am -2pm) with no designated or specified lunch break can my employer deduct 30 minutes after 6 hours worked? They have been doing this and several employees are questioning the legal right to do this. Please advise.

  12. Posted by: Amelia

    Hi Mary! An Ohio employer cannot deduct 30 minutes for a meal break that the employee never receives. Under the federal FLSA or Fair Labor Standards Act, employees must be paid for all the time they work. If an employee works 7.5 hours with no break, the employee must be paid for 7.5 hours. Also under the FLSA, the employee must be paid for any break that is shorter than 20 minutes. So even if the employees are getting two 15-minute breaks, they must be paid for the entire shift. (The Ohio minimum wage law also requires that employees be paid for all time worked.)
    On the other hand, if the employee is taking a break of 20 minutes or more, and is completely relieved of all duties during that break, the break can be unpaid. This is true, even if the employer does not specify when the employee must take the break.
    Neither federal nor Ohio law requires that employees be given a meal break, regardless of how long the shift is.
    The employer can establish a company policy that all employees on a shift of 6 hours or more must take a break. The employer can discipline or terminate an employee who does not comply. But the employer must pay the employee for the time if they don’t take the break.
    Our best guess is that the employer has a policy that employees should be given a 30-minute meal break on a shift of 6 hours or less, and a supervisor is ignoring that policy. However, the employer cannot legally deduct for a meal break that no one gets. You should point out this oversight to a supervior or the HR department. If the problem continues, contact the U.S. Department of Labor or the Ohio Department of Labor. HTH, and thanks for reading the blogs!~Amelia

  13. Posted by: Mathew

    Hi, just had a question, My wife works at a research lab in ohio, and she is required to work every third weekend wich can be any where from 8-12 hours of work per day, after working a 40-60 hour work week . Now on the weekends the place of employment told her she cannot take any breaks of any kind is this legal for a work place to force you to work an extra 16-24 hours of overtime on days off and then make it so you have no meal breaks or even a sit down break of any kind?

    Thanks, Mat

  14. Posted by: Amelia

    Hi Mat! Unfortunately, yes, this is legal under Ohio law. The state does not require meal or rest breaks for employees over the age of 18. The employer can also require taht she put in 16 to 24 hours of overtime and work on her days off.
    OSHA standards require that employees be permitted to use the bathroom when nature calls. Sorry, wish we could help more.~ Amelia

  15. Posted by: David

    Hello, I have a problem with my employer I’ve been working there for a year and a half now.Me and the other employees ask the manager about our lun ch break the manager told us to clock out and go to work and he will tell us when to clock back in… I ask him so we can sit to eat our lunch for now on.He told me no, what did i just say? we have to work during our lunch break? He siad yes… i’m getting stressed out on some days and i feel like i need some air sometimes. I can’t stand my job anymore something has to be done what should I do?

  16. Posted by: Amelia

    Hi David! There is no Ohio law that requires an employer to give lunch breaks to workers over the age of 18. However, both the federal and state minimum wage laws require that employees be paid for all the time they work. If the employer is requiring that you clock out and go back to work, and is not paying you for that half-hour, then you have a legitimate complaint. You can file a wage complaint with either the US Department of Labor or the Ohio Department of Labor. That will get you paid. Unfortunately, it won’t get you a daily meal break. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: Patricia

    I work in Ohio for a company who tells us to take a 20 min. break if we are slow. We are not paid for this 20 break. We wait in our truck for the 20 mins. Can we get reimbursed? Also we are now mandated without any heads-up to take a 1 hour break from 10:30 to 11:30 A.M. Do we have any rights on when we can take our break? Plus we are only allowed after our last delivery stop only 5 minutes to get to a place to break, is that allowed?

    Thank You,

  18. Posted by: Amelia

    Hi Patricia! The answer depends on some factors you don’t mention, but we are more concerned about the 20 minute break than the 60 minute lunch break.
    An Ohio employer can require that employees take meal breaks and can schedule those breaks for the employer’s convenience. The employer can require that you take a one-hour break each day from 10:30 am to 11:30 am. There is no Ohio law (or in most other states) that employees must be permitted to take the break at their convenience. As long as you are completely relieved of all work duties, then the employer is under no obligation to pay you for the meal break.
    Generally, employees are not entitled to payment for travel time while on break. Suppose Jane works in an office that is 10 minutes from the nearest deli or fast food restaurant. Jane has one hour for lunch. Jane’s lunch hour does not start when she arrives at the deli– it starts when she leaves work. So Jane actually has 40 minutes to eat, and must drive 10 minutes each way to reach the deli. The employer is under no obligation to pay Jane for her drive time. (And, of course, Jane could bring a brown bag lunch, and spend 60 minutes eating her meal.)
    The situation in your case sounds similar. Technically, the employer could start your break from the time of your last delivery. Many employees have to drive more than 5 minutes to get to a suitable break location — and no, the employer does not have to pay for that.
    However, if the employer required you to return to the next stop on your route, which was 20 minutes away, then you would be entitled to payment for that 20 minutes of drive time.
    The 20 minute break is another matter. From your post, it sounds as if you are being required to clock out but remain available for work. Under federal law, any time an employee spends waiting for work is work time. The employee cannot be required to clock out and sit around because business is slow, or there is no work at the moment. Unless the employee is free to go about his or her own pursuits, it is work time under the federal FLSA or Fair Labor Standards Act. So the employer probably cannot require that you wait in your truck, unpaid, because there is no work for you. File a wage complaint about this with the US Department of Labor at:http://www.dol.gov/esa/whd/regs/compliance/fairpay/complaint.htm HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: Britni

    Hey Amelia, I actually have a question that you kind of answered in the above questions but mines a little different. I work for a fast food place in Ohio. We have to keep our labor down low, Im a shift leader there, and I am Forced to take a 30 minute if not longer break, and still work along with the person who is working with me. If I refuse to do this, I was told I will lose my job. Also now, whenever I take a smoke break (no more than 5 minutes) I am required to clock out. While the other managers can sit down and do cross word puzzels and not clock out. I also have to send my only worker home a few hours before close, I dont like working by myself and they know that. They even left me at the store by myself when I was 17 yrs old. Im not sure if I should get laywer. Also one day my boss got mad at me and kept me in the fridge (so i couldnt get out) for over 5 minutes, then i stepped out, and she locked the backdoor so i couldnt get in, and threatened to fire me. This place is very unprofessional and Ive delt with a lot. Im wondering if anything above is legal (forced breaks, being left in the store alone, etc.) and if you suggest me to get a lawyer. Thanks a lot!
    -Britni

  20. Posted by: Amelia

    Hi Britni! Thanks for posting such interesting questions! Yes, most of what you mention is lawful in Ohio or across the nation. The employer can require that any hourly worker clock out for an unpaid break of 30 minutes or more. Giving workers unpaid meal breaks is a very common way to reduce payroll costs, and is actually a sign of good management. However, if you are required to work during your break, you must be paid for the break. Don’t refuse to work — refusing to comply with a lawful request by the boss is insubordination, and you can be fired for it. Regarding the crossword puzzles, unfortunately, there are many organizations where the lower-level employees work hard while the top brass hardly works. This is just part of the culture of corporate America, so you may as well get used to it.
    The info posted above about smoke breaks applies in your case. You have the right to be paid for breaks that are shorter than 20 minutes. But if you complain, the employer can eliminate all smoke breaks, or eliminate all smoking on company property, period. It’s your call.
    Sending hourly staff home, or having supervisors do their job in addition to an hourly job is also a very common way to save payroll costs and a sign of good management. When you are GM of your own store, you will do the same thing. There is no law in Ohio that would prevent a 17-year-old employee from closing by herself, and in fact it is excellent experience.
    It is absolutely illegal and unprofessional for the boss to trap you in the freezer. In fact, it’s unlawful imprisonment, and should be reported to the local police. Like hitting an employee, this is absolutely unacceptable. On the other hand, there is nothing particularly wrong with her locking the back door while you are outside on a smoke break. Many restaurants keep the back door locked at all times, for security reasons. Nor is there anything wrong with the boss threatening to fire you. (If you are going to be fired, don’t you want to be warned, first?)
    Fast food is one industry that is thriving right now, despite the economy. Many fast food restaurants are very well managed, especially those that are not franchises, or the most popular chain (you know the one we mean — Mickey D’s.) Our suggestion, if you want to stay in this industry, is that you look for a better job. But don’t quit this one until you find something else.
    We would suggest that you keep a written record of the days when you are required to work while on an unpaid break. If your company has an HR department, try to tactfully raise this issue (and being locked in the cooler) with them. If that doesn’t work, then file a wage complaint with the Ohio Division of Labor at http://www.com.ohio.gov/laws/. They will investigate and force the employer to pay you for the time you worked. (If possible, ring items up while you are “on break” so there will be clear proof you are working.) Simply being investigated will probably cause this manager to comply with the law.
    You could hire a lawyer and sue the employer for your pain and suffering, for being locked inside the cooler for 5 minutes. However, our best guess is that you would pay the lawyer thousands and thousands of dollars, and get very little in return, even if you won the lawsuit. Our suggestion is that if this happened recently, you report it to the police. The very fact that the police are investigating it will probably cause this manager to think twice about her actions. Otherwise, ignore the problem unless it happens again — and if it does, immediately dial 911 and report it to the police. HTH, and thanks for reading the blogs!~ Amelia

  21. Posted by: Alice Thomson

    There are no Ohio lunch and break laws. Although the FLSA doesn’t require breaks, it does require that employers who give breaks of less than 20 minutes pay employees for the break time. Daily meal breaks are required by 20 U.S. states, at least for some employees. The Federal Government does not require breaks. The state of Ohio only requires breaks for Minors under the age of 18.

  22. Posted by: Amelia

    Hi Alice! Thanks for the input! You are correct. The article you linked to is very old, and written by an HR advisor who is no longer with us. Which 20 states have break laws? Because last time we counted, we only noticed 19. Cheers~ Amelia

  23. Posted by: scott

    After leaving work I must carry a work cell phone that all and I mean all calls to the place of business are forwarded to this cell at all times of the day and night that I must answer. I cannot leave the county that I live in because I might be called out. I cannot drink alcohol when off the clock because I might bet called in. It seems as though they have control of my live even when I am not on the clock. Should I be getting paid something since they have so much control of my live even when off the clock?

  24. Posted by: Amelia

    Hi scott! Unfortunately, no, the employer is not require to pay you for this on call time. They must pay you for all the time you work, including all time spent on the phone. However, because you are free to go about your own activities (to the movies, grocery shopping, etc.) while on call, you need not be paid for that time.

    We agree that these are awful working conditions, and you should probably look for a better job — but don’t quit this one until you find it. HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: Alec

    hi, im 16 and work at a seafood restaurant, we were very busy today and i worked 10 hours without a lunch break nor a break of any kind and im from iowa

  26. Posted by: Amelia

    Hi Alec! This would be illegal under Ohio law, but legal if you work in Iowa. An employee under the age of 18 cannot work more than 5 hours without a meal break in Ohio. However, there is no such law in Iowa, and no such federal law for employees 16 or older. It appears that these working conditions are legal in Iowa. HTH, and thanks for reading the blogs!~ Amelia

  27. Posted by: will

    hi i work at a tree service and they clock people in and out without the persons consent is this legel and also i worked till 630 and the clocked me out at 600 can they do this?they tell me i wont get paid for the half hour i worked and also what can i/we do to make us get breaks in ohio and what ever state we live in?

  28. Posted by: Amelia

    Hi will! Under the federal and Ohio minimum wage laws, an employee must be paid for all the time he or she works. Keep a written record of the dates and times you work. If the employer refuses to pay you for all the time, file a wage complaint with the Ohio Bureau of Labor and Worker Safety at http://com.ohio.gov/laws/.
    There is no federal or state law that an Ohio employer must give meal or rest breaks to employees over the age of 18. HTH, and thanks for reading the blogs!~ Amelia

  29. Posted by: sharon weinel

    is it legal not to pay employees time in half for holidays worked?

  30. Posted by: Amelia

    Hi sharon! In Ohio, yes this is legal. There is no federal or Ohio law that requires an employer to pay workers time-and-one-half on holidays. If the employee works more than 40 hours in the payroll week, he or she is entitled to overtime. Some union contracts specify that employees will be paid more for holidays. Some employers voluntarily offer this benefit, but it is not required by law. HTH, and thanks for reading the blogs!~ Amelia

  31. Posted by: Tom

    Because an employer is not required to give an employee breaks, what is the employee to do when they have to go to the bathroom?

  32. Posted by: Amelia

    Hi Tom! Going to the toilet is a separate issue from rest breaks or meal breaks. Federal OSHA worker safety regulations require that an employee be permitted to use the toilet “when nature calls.” However, this only covers using the toilet — not making personal phone calls, smoking, having a snack etc., even if the employee tries to conduct those activities in the restroom. (In fact, even if the employer gives rest breaks, employees must still be permitted to use the toilet at other times.) OSHA regulations also require that an employee who is not given rest breaks be permitted to drink water on duty. HTH, and thanks for reading the blogs!~ Amelia

  33. Posted by: nate

    hi i worked for a fast food place for 1 1/2 years just got fired for working on my breaks (im only 17 started when 16) most of the time i did work on my breaks but half the time i really couldnt even take one the employer would go through and clock me out for 30 mins anyway…i know thats illegal but what i would like to know is is it my responsibility to take my break or my supervisors?

  34. Posted by: Amelia

    Hi nate! That depends. If your supervisor says, “Nate, go on break.” and you keep working anyway, obviously you are at fault and deserve to be fired. However, if you supervisor never told you to go on break, or told you it was too busy to go on break, then it is not your responsibility.

    Our best guess is that this is what happened: The supervisor got in trouble because you were not taking breaks, but were being automatically clocked out for them, anyway. He responded by saying that he told you to go on break each day, but you refused. In this way, he was (unfairly) able to transfer the blame from himself to you. You could contact your supervisor’s boss or HR and explain your side of the story (you were never told to go on break, or told NOT to go on break.) It is possible that if you did this, you would get your job back.

    Whether you get your job back or not, you should file a wage complaint with the Ohio Bureau of Labor and Worker Safety at http://www.com.ohio.gov/laws/, asking for back pay for 30 minutes for each day you did not get to take a break in the past 2 years.

    The good news is that since apparently your supervisor never told you it was a problem for you to work during your breaks, you will probably qualify for unemployment. You may very well be better off since this supervisor sounds like a total idiot. HTH, and thanks for reading the blogs!~ Amelia

  35. Posted by: Laura

    Hi I work at a fast food restaurant in Ohio and have half-hour unpaid lunch breaks. My manager was upset because one employee always returns from their lunch break a few minutes late and decided that all employees be required to remain on the premises while on their lunch break. Can he legally force us to remain on the premises if we are not on company time?

  36. Posted by: Amelia

    Hi Laura! Yes, an Ohio employer can require that employees remain on the premises during a 30 minute unpaid meal break, and most employers do. We agree that it would have been better if the manager had simply disciplined the problem employee instead, but this new policy is legal in Ohio and most other states. HTH, and tanks for reading the blogs!~Amelia

  37. Posted by: mike

    [Employer name deleted], a restaurant chain worked me 13.2 hours in one day. I got a 15 minute break 9 hours into my shift. I have paper documentation of this. what should I do???

  38. Posted by: Amelia

    Hi mike! These are not ideal working conditions, but if you are over 18, this is legal in Ohio. If you read the article above, you know that Ohio has no law requiring meal breaks for adult workers. HTH, and thanks for reading the blogs!~ Amelia

  39. Posted by: Cindy

    As an employer who gives our employees paid lunch breaks, are we liable for an employee who takes that paid break running down to the nearest fast food first and then bringing that food back to the break room to eat. If employee’s leave the premises, should we be requiring them to clock out?

  40. Posted by: Amelia

    Hi Cindy! The answer is a resounding “YES!” to both questions.

    You are responsible for an employee’s conduct and safety while he or she is on the clock. If the employee is injured while on the clock, it is a workers’ comp claim — even if the employee was driving to the local fast food restaurant. In fact, if this employee caused an auto accident that killed another person, the company could be sued by the victim’s family. They might not win, but your attorney’s fees could easily top $200,000 to “win” the case. And if an employee on the clock was picking up food for other employees, especially with the knowledge of his or her supervisor, you might very well be liable.

    You absolutely should never, ever allow an employee to leave the premises while on the clock unless the employee is on official company business. HTH, and thanks for reading the blogs!~ Amelia

  41. Posted by: curious

    My employer is now requiring employees to clock-out for their thirty minute break, even if we don’t leave the premises. The thirty minutes is deducted from our check, whether we choose to take the break or not (even though we’re now forced to take it). Is there anything wrong with any of this?

  42. Posted by: Amelia

    Hi curious! Yes and no. The employer can (and should) require employees to clock out for their 30 minute meal break, even if the employee does not leave the premises. (Otherwise, how can the employer document who took a break and who did not?) The employer certainly can require that every employee take a 30-minute meal break, and as long as the employee is relieved of work duties, that break can be unpaid. An Ohio employer can require that the emploeye remain on the premises for an unpaid meal break.

    Any employee who works through the meal break must be paid under both Ohio and federal minimum wage laws. The employee can be disciplined or terminated for failing to take the meal break, but must be paid for all time worked. So the employer’s threat to automatically deduct breaks from the payroll check is a hollow threat. HTH, and thanks for reading the blogs!~ Amelia

  43. Posted by: Pam

    Hi, my sister lives & works in Ohio. She is looking for a phone number to call & ask questions about breaks & lunch and to find out more information about them. Do you have a phone number I can give to her? She does not have a computer. Thanks so much.

  44. Posted by: Amelia

    Hi Pam! Your sister can contact the Ohio Division of Industrial Compliance and Labor at 614-644-2223. Of course, we are always happy to answer any questions you might have, online. HTH, and thanks for reading the blogs!~Amelia

  45. Posted by: Richard

    I work in Ohio for a major fast food chain. Am I entitled to a 10 or 15 minute break during my 7 to 8 hour work day? And do I have the right to file a complaint if other workers (1 to 3) are geting paid more than me by the hour. About $1.75 plus more on the hour. We have been employed about the same amount of time. I do 90% of the duties while they sit by and do as little as possible. The store mananger is aware of the situation but does not do or say anything, due to the fact they are from the same country. I know two of these employees were hired by the manager. The manager has ignored this situation even though it has been brought up several times. They know how much I need this job and I’m sure the truth has not been told to upper manangement, after me expressing my dissatisfaction. I hesitate to go to upper managment because I fear retaliation from my so called co-workers.

  46. Posted by: Amelia

    Hi Richard! As you know from reading the article above, there is no law in Ohio that would require an employer to give a meal break or rest breaks to any employee over the age of 18. This is true, regardless of the number of hours the employee works. Under OSHA regulations, you have the right to use the restroom when nature calls. However, that does not include smoking, making cell phone calls or other activities that can be conduct in the bathroom — it only includes using the toilet.

    It is legal for an employer to pay some workers more than others, even if they have similar experience and seniority. However, it is illegal for an employer to create different working conditions for employees based upon race, color or national origin. If the manager is from Ireland, it is illegal discrimination for him to pay Irish employees more than employees from other countries. Because you have discussed this with the manager and he has done nothing, we recommend that you have a calm, respectful, tactful conversation with the HR department or a member of upper management. (If your company has an HR hotline, you should call it.) Let them know that you believe you are the victim of illegal discrimination based on national ancestry under Title VII of the Civil Rights Act, because you are required to do more work for less pay than employees from another country. If the employer does not remedy this problem, you should file a discrimination complaint with the federal EEOC at http://www.eeoc.gov.

    If your coworkers from another country are doing less work than you are, your problem is really with the manager. It is his job to make sure that everyone is doing their share of the work. It is really the manager who is committing illegal discrimination based on national ancestry, by treating people from his own country better than other employees. The HR department or corporate should be very interested in this, because it puts the company in the position of breaking the law. However, they cannot do anything about it until someone tells them what is going on.

    It is illegal for the employer to retaliate against an employee who has filed a discrimination complaint. If the other employees take negative actions against you, that becomes a second discrimination complaint for the EEOC. In many cases, even if the EEOC finds that there was no initial discrimination, they may find the company guilty of retaliation. Because of these laws, most employers are smart enough not to retaliate against an employee who files a complaint of illegal discrimination. HTH, and thanks for reading the blogs!~ Amelia

  47. Posted by: Jhon

    I have a employee questioning about lunch/break time. She don’t take lunch break but she take smoke breaks can she take a break for changing clothes to go some here after work on companies time..If yes can I set timing for that or not?
    Thanks..

  48. Posted by: Amelia

    Hi Jhon! As you know from reading the article above, there is no federal or Ohio law that allows an adult employee to take meal breaks or smoke breaks. This is a matter of company policy in Ohio. Basically in the workplace, the employer sets the work policies (not the employee.) As long as you stay within the law, you can set the break policies that are best for your business.

    It is up to you whether you will allow the employee to take smoke breaks or not. However, under federal law, if an employee takes smoke or rest breaks shorter than 20 minutes, she must be paid for them. Many employers do not permit smoke breaks at all, or allow only two 10-minute breaks in an 8-hour day.

    You could require this employee to take an unpaid 30 or 60 minute lunch break, at the time of your choice. This saves you money on payroll. Studies have shown that employees are actually more productive (they get more done in less time) when an employee takes a meal break. There is no Ohio law that requires you to give the employee a meal break, but you can require that she take one if you like. It is not up to the employee to decide when or if she will take a meal break — that is your decision, as the employer. You do not have to allow the employee to skip her lunch break and leave work early, or skip her lunch break and use that time to change clothes at the end of the shift, unless you want to.

    An Ohio employer is required to pay an employee for all the time she works. In most industries, there is no requirement that you pay the employee to change clothes after the end of the shift. (There would be an exception in certain industries that require protective clothing, like a nuclear reactor or a hospital operating room.) If the employee spends time changing clothes, she is not working during that time, and you do not need to pay her for that time. You can also dictate when the employee can take a break to change clothes, but a better plan would be to simply tell her that she cannot change clothes until her shift is over. After she clocks out, then she can change clothes. Feel free to post additional any additional questions. HTH, and thanks for reading the blogs!~ Amelia

  49. Posted by: robert hejduk

    I get paid for a 30 min lunch. Does this mean I forfeit my lunch if I do not take a lunch, which my job requires me to work for 8 hours straight with no breaks or help from any one? Does the company have to pay 30 min of overtime for not allowing me to take a lunch?

  50. Posted by: Amelia

    Hi robert! That’s exactly what it means, and unfortunately, no, the company does not have to pay you overtime for skipping your lunch. As you know from reading the article above, Ohio has no meal break law for adults in most industries. This means the employer could require you to work without taking a meal break every day, and it would be lawful. At least the employer is trying to do the right thing by giving you a 30 minute meal break most days. In addition, the employer is being generous by paying you for the meal break — which is not required.

    Both the Ohio and federal minimum wage laws require that an employee be paid for all the time he works. However, no law requires that you be paid extra, for not taking a meal break in Ohio. This is true, whether it is your choice to skip the break or the employer requires you to. HTH, and thanks for reading the blogs!~ Amelia

  51. Posted by: Matthew

    I am a employer in Iowa. Do I have to allow an employee to use a company vehicle to go purchase his or her lunch. Note: I currently do allow it, but would like to limit the miles allowed to drive to the employees desired location. Also, this only applies to when they are on location and don’t have access to their personal vehicle. Thank You

  52. Posted by: Amelia

    Hi Matthew! Can you give us a few more details? If the employee is a truck driver, the best practice is to allow him to stop at some point to take his lunch break at a restaurant or buy food at a convenience store.

    Many employers limit the number of miles the employee can drive off their route, to go to lunch. For example, driving 60 miles to lunch would not be acceptable. Many employers would find driving 20 miles total for lunch acceptable. Others accomplish this simply by limiting the lunch period. At 60 miles per hour, the employee is not going to be able to drive more than 30 miles in a 30-minute meal period.

    There is no law that you must provide a vehicle for the employee to travel to and from lunch. However, if employees do not know in advance when or where they will be sent to work, then you are basically saying that they have to pack a sack lunch every day. That policy seems harsh, and is not going to be very popular.

    If you can tell us a little more about the situation and the type of work, and the restrictions you propose, we have give a more specific answer. Will there always be a choice of quick-service restaurants and convenience stores nearby the work location? Factors like this are important. HTH, and thanks for reading the blogs!~ Amelia

  53. Posted by: anthony robinson

    I work 24 hours on Saturday and 10 hours on Monday and Tuesday only get paid for 40 hours. I get 8 Hours rest time on Saturday but can not leave premises and rest time can and is interrupted.Should I be paid for the full 24 hours and should the 4 hours be paid over time? There is also someone that works the same type shift but for 24hours on Sunday,10 hours Thursday and Friday.

  54. Posted by: Amelia

    Hi anthony! Sorry, but we would need a lot more information to answer your question. As you know, generally employees are entitled to overtime after 40 hours under the federal FLSA or Fair Labor Standards Act. However, certain occupations like home health care workers are excluded from those requirements. So are exempt salaried employees, who are paid a straight salary regardless of how many hours they work.

    You don’t mention why the employer says you are entitled to payment for only 40 hours, and that would be significant information. Are they deducting for four 60-minute meal breaks? If so, do you actually get to take the meal breaks undisturbed? Are they deducting for a rest period?

    If you can post more information about the type of work and any breaks, we can give a more specific reply. Otherwise, if you do not find the information you need in the links below, contact the U.S. Department of Labor at http://www.dol.gov. If they cannot help, contact the Ohio Department of Labor at http://www.com.ohio.gov/laws/HTH, and thanks for reading the blogs!~ Amelia

    Read more about hours worked at:

    http://www.dol.gov/whd/regs/compliance/whdfs22.htm
    http://www.dol.gov/whd/regs/compliance/whdfs25.htm
    http://www.dol.gov/elaws/esa/flsa/scope/screen9.asp
    http://www.dol.gov/elaws/esa/flsa/hoursworked/default.asp
    http://www.dol.gov/elaws/overtime.htm

  55. Posted by: anthony

    The employer gives us 8 hours rest time but it can be and it is interrupted most of the time.we only get 30 min lunch break and that can be interruoted also. they are not deducting for 60 minute meal breaks. Yes they are deducting for a rest period,but it can and is often interrupted. Thank You

  56. Posted by: Amelia

    Hi anthony! But the employer is not deducting for 8 hours of rest time, plus three 30-minute meal breaks. They would be deducting a total of 9.5 hours, but they are not. They are deducting a total of 4 hours. Maybe they are deducting for a 4-hour rest break on the 24-hour shift?

    If they were deducting for 8 hours of rest time plus breaks, you would only be paid for 34.5 hours when you are scheduled for 44 hours. Again, you do not say what industry you are in. If it is in home health care, the federal minimum wage and overtime laws do not apply.

    Your best bet is to contact the U.S. or Ohio department of labor so they can ask questions, and you can respond with all the information they need. HTH, and thanks for reading the blogs!~ Amelia

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