REST BREAKS: federal wage and hour law
does not require that an employer provide its
employees with rest breaks. However, it is
common in many industries for an employee
to get breaks in the morning and the
afternoon. Only recently, under OSHA
regulations, have employees begun to have
a right to bathroom breaks. Although some
states have their own laws on these issues,
Kansas does not.
For wage and hour purposes, the issue is
whether the Kansas employer has to pay the
employee during break times, or can the
employer make the employee clock out. The
Department of Labor takes that position that
brief breaks for 5 or 10 and even up to 20
minutes should be considered work time and
employees should be paid for the time.
Kansas employees cannot be denied wages
for their break times and if the employer has
required them to clock out, they are entitled
to be paid, including overtime if the breaks
result in overtime.
does not require that an employer provide its
employees with rest breaks. However, it is
common in many industries for an employee
to get breaks in the morning and the
afternoon. Only recently, under OSHA
regulations, have employees begun to have
a right to bathroom breaks. Although some
states have their own laws on these issues,
Kansas does not.
For wage and hour purposes, the issue is
whether the Kansas employer has to pay the
employee during break times, or can the
employer make the employee clock out. The
Department of Labor takes that position that
brief breaks for 5 or 10 and even up to 20
minutes should be considered work time and
employees should be paid for the time.
Kansas employees cannot be denied wages
for their break times and if the employer has
required them to clock out, they are entitled
to be paid, including overtime if the breaks
result in overtime.
Kansas employers can require their employees to be on call. Many
Kansas employees in both the public and private sectors have to spend a
certain part of many work weeks on call. When the employer limits the
amount of restrictions on the on call time, the time will not be considered
work time and the employee will not be entitled to pay for the time.
According to the Department of Labor regulations: "An employee who is
required to remain on call on the employer's premises or so close thereto
that he cannot use the time effectively for his own purposes is working
while ``on call''. An employee who is not required to remain on the
employer's premises but is merely required to leave word at his home or
with company officials where he may be reached is not working while on
call." Employees can be required to carry beepers or cell phones and also
be required to call in within a limited number of minutes from being
contacted. The employer can also require employees to report to work
within a reasonable time that would have permitted the employees to have
been going about their business.
One of the most important factors that the courts look at on this issue is
how often is a person called into duty when on call. If a person is
interrupted so often that he cannot really pursue his own interests, the on
call time is most likely work time. Of course, when an employee is
actually called into duty, he must be paid for that time. But, if the entire
on call time is considered to be work time, then the employee is entitled to
be paid for the entire time. Thus, if the on call time is all over 40 hours in
a work week, the employee is entitled to overtime pay for the on call
time. This can amount to a substantial amount of money in back pay.
Kansas employees in both the public and private sectors have to spend a
certain part of many work weeks on call. When the employer limits the
amount of restrictions on the on call time, the time will not be considered
work time and the employee will not be entitled to pay for the time.
According to the Department of Labor regulations: "An employee who is
required to remain on call on the employer's premises or so close thereto
that he cannot use the time effectively for his own purposes is working
while ``on call''. An employee who is not required to remain on the
employer's premises but is merely required to leave word at his home or
with company officials where he may be reached is not working while on
call." Employees can be required to carry beepers or cell phones and also
be required to call in within a limited number of minutes from being
contacted. The employer can also require employees to report to work
within a reasonable time that would have permitted the employees to have
been going about their business.
One of the most important factors that the courts look at on this issue is
how often is a person called into duty when on call. If a person is
interrupted so often that he cannot really pursue his own interests, the on
call time is most likely work time. Of course, when an employee is
actually called into duty, he must be paid for that time. But, if the entire
on call time is considered to be work time, then the employee is entitled to
be paid for the entire time. Thus, if the on call time is all over 40 hours in
a work week, the employee is entitled to overtime pay for the on call
time. This can amount to a substantial amount of money in back pay.
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| Kansas employment attorneys representing Kansas employees in wage and hour disputes, back pay, minimum wage, overtime and other salary disputes. Working with clients throughout Kansas, including Wichita, Topeka, Kansas City, Kansas, Lawrence, Johnson County, Sedgwick County, Shawnee County and Douglas County. |
On Call Time and Overtime: An Attorney in Johnson County
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| REST BREAKS, MEAL BREAKS AND ON CALL TIME |
Meal breaks: Federal law does not require an employer to provide Kansas employees
with a meal break, and employees can be required to work ten or more hours in a row
without a meal break. Kansas law also does not provide Kansas employees with a meal
break. In addition, when a meal break is provided, the Kansas employer does not have
to pay for the meal break unless the time really constitutes work time. A bona fide meal
break should be a minimum of 20 minutes. If the time is primarily for the benefit of the
employer, the time is work time. For example, if an employee eats at her desk and
answers phones or opens the mail during the lunch break, then the time is work time and
the employee is entitled to compensation. It might be hard for the Kansas employee to
know if the meal time is compensable, and he needs to consider how restricted the time
is. Police officers are often required to monitor their radios, or a delivery person might
have to monitor the radio. This will not be considered working unless something more
has to be done. In addition, if there are so many interruptions that the employee cannot
really enjoy the meal break, then the time is work time. An employer can require
employees to stay at the work site for the meal break without the need to pay the
worker. Employees who work through their meal breaks will most likely be
entitled to overtime because they will have worked over 40 hours per week. This
will mean that the Kansas employee is entitled to back pay.
with a meal break, and employees can be required to work ten or more hours in a row
without a meal break. Kansas law also does not provide Kansas employees with a meal
break. In addition, when a meal break is provided, the Kansas employer does not have
to pay for the meal break unless the time really constitutes work time. A bona fide meal
break should be a minimum of 20 minutes. If the time is primarily for the benefit of the
employer, the time is work time. For example, if an employee eats at her desk and
answers phones or opens the mail during the lunch break, then the time is work time and
the employee is entitled to compensation. It might be hard for the Kansas employee to
know if the meal time is compensable, and he needs to consider how restricted the time
is. Police officers are often required to monitor their radios, or a delivery person might
have to monitor the radio. This will not be considered working unless something more
has to be done. In addition, if there are so many interruptions that the employee cannot
really enjoy the meal break, then the time is work time. An employer can require
employees to stay at the work site for the meal break without the need to pay the
worker. Employees who work through their meal breaks will most likely be
entitled to overtime because they will have worked over 40 hours per week. This
will mean that the Kansas employee is entitled to back pay.
| ON CALL TIME |
| MICHAEL M. SHULTZ Kaup & Shultz, Attorneys at Law, LC Antioch and Santa Fe Overland Park, Kansas 66212 913-385-9955 866-385-9955 toll free and 901 Kentucky, Suite 305 Lawrence, Kansas 66044 785-838-4300 email Mike |
| MICHAEL M. SHULTZ Call Us 913-385-9955 866-385-9955 toll free Email Mike |