Legal Definition of Rest for Workers
Rest periods between work shifts refer to time when an employee is not scheduled to work for a certain amount of time between the end of one shift and the start of the next. While many employers schedule as many hours as their employees are available to work, there are state and federal laws regarding the minimum rest period a provision and/or a maximum number of hours an employer can schedule an employee to work. However, the amount of rest time a particular employee may be entitled to can vary significantly based on state and federal laws . For example, certain states require a minimum of 8 hours under these circumstances. Others can limit the maximum number of hours required between shifts and/or limit the number of consecutive workdays a person can work.
Labor laws exist to prevent employers from abusing their working hours so that employee fatigue, injuries and exhaustion are never a concern. Not only does this protect worker health and safety, if a worker is injured after being worked for an extended period of time, it can result in costly workers’ compensation claims against the employer.
Federal Laws on Consecutive Shift Breaks
When it comes to federal employment law in the United States, there is no minimum amount of hours a worker must have between shifts. This is because Federal Labor Laws do not require employers to give employees any breaks at all. The Fair Labor Standards Act (FLSA) only requires employers to pay employees for time worked. If a business provides a break longer than 20 minutes it is unpaid as long as the employee is completely relieved of duties during the break. Also be aware that such breaks can be unpaid for both minors and adults. Even employees who have to work through their required break time are owed their pay, and it must be provided like any other form of pay within the business. Either way, it is something a business should avoid if it all possible. Many employees do not like working extra without pay, but it is mostly legal. But there are various regulations for some states that might change the rules when it comes to timing and types of breaks.
State Laws on Hours Between Shifts
Many states have laws that provide workers with more rights than are available under federal law. Employers should always be aware of state-specific laws governing employee rest periods and breaks. Here are some examples on the state level of what may be required:
California
In the state of California, there are federal and state breaks requirements to consider. Under California state law, if an employee works more than five hours in a day, he or she must be given a 30-minute meal break, and another 30-minute meal period must be provided if the employee works more than ten hours in a day. In addition, if an employee works more than ten hours in a day, the second meal period may be waived if the first meal was not taken or was only partially eaten, and the workday was not more than 12 hours.
California also has strict rest period rules. Employees in California cannot work for more than five consecutive hours without a 30-minute rest break. If the workday is six hours or longer, an employee is entitled to the two 30-minute rest periods outlined above for any workday that lasts more than 10 hours. Rest periods cannot be added ontop of other breaks. California rest period laws do not apply to employees who work no more than three and a half hours per day.
In California, employers must give non-exempt employees rest and meal breaks. Employees who are not relieved of all duties and also relieved from all responsibility for working during their rest periods are entitled to compensation for this time.
Connecticut
Under Connecticut law, employers in the state are required to give non-exempt employees a 30-minute meal period after the first 2 hours of employment and after every succeeding 5 hours of continuous employment.
Hawaii
Similar to federal law, Hawaii law requires employers to give employees who work more than five consecutive hours either one 30-minute meal or two 15-minute breaks. The employer is not permitted to consider the meal or break counted toward or as part of the total time worked.
Exemptions and Special Circumstances
The above section is general guidance. But it is important to note that there are exemptions from the general rules on hours between shifts. For example, in the construction industry, special rules can apply. Even beyond specific industries, categories of workers might be exempt from requirements of having adequate time between shifts due to the nature of their work. On-call shifts, or shifts requiring an employee to be available in case of an emergency, for example, may virtually always qualify as exceptions. Even where general rules apply, case-by-case analysis can determine whether or not exceptions are warranted. Many state agencies, for example, have looked at the specific facts of various industries and created their own regulations, policies, and guidance. Employers should make certain to thoroughly check agency regulations in addition to wage orders and general guidance issued by the courts and the agencies administering the state’s employment regulations.
Best Employer Practices for Scheduling Shifts
Employers will want to pay particular attention to the various state and local laws that govern the scheduling of their employees. For example, some laws may require employers to provide advance notice of work schedules, or otherwise require more than the typical amount of notice that employers are able to give. Many fair scheduling laws cover "on-call" shifts, which occurs when an employee has a shift scheduled but is told not to report to work or to report to work for a lesser amount of time than scheduled. Other laws address pay requirements for on-call shifts, scheduling changes, or split shifts, among other issues .
Thus, in addition to complying with the legal requirements outlined above, we recommend that employers consider whether their shift-scheduling practices promote rest between the end of one shift and the start of the next, avoid the need for very long shifts, and provide consistent hours for employees, among other things. For example, consider whether the same employees are routinely scheduled for the same shifts or whether workers are rotated through shifts in order to avoid any claims that work is being assigned based on a protected characteristic.
In short, employers should formulate their scheduling policies and best practices taking into consideration both the applicable laws, as well as employee morale and turnover.
What Happens if Employers Fail to Comply?
The consequences of non-compliance can be severe. Many jurisdictions impose statutory fines for non-compliance with their requirements, and in addition employers may be subject to administrative or judicial penalties. Administrative authorities may impose monetary fines directly on employers for non-compliance with the regulations, although such administrative penalties vary widely from jurisdiction to jurisdiction. Examples of these administrative penalties may include the provisions of the California Health & Safety Code ยง1237 wherein a violation of the law results in a fine of not more than five hundred dollars ($500) per offence. Judicial penalties often take the form of the employer being ordered to pay restitution to employees who have suffered harm as a result of the violation, and/or of an injunction against the employer to ensure compliance with the applicable laws in the future.
On June 10, 2016, the California Court of Appeal affirmed a lower court’s judgment ordering a Starbucks store to pay US$105,000 for delayed meal and rest breaks. This decision stems from a class action lawsuit filed in May 2011 by Starbucks employees, alleging that Starbucks and its store managers had violated California labor laws by not providing employees with required meal and rest breaks. "Starbucks failed to provide the employees with suitable seating during the workday, and failed to furnish employees with accurate records of hours worked and meal and rest periods" said the California Court of Appeal. Other states are also moving in the direction of requiring an employer to provide unused meal and rest periods to its employees. "Employers are becoming more vulnerable to potential liability in wage and hour cases, including additional monetary damages, attorneys’ fees, penalties and exposure to class actions, as governmental agencies are increasing their enforcement efforts" said US Department of Labor Labor Solicitor James Bennett.
Tips for Workers on Shift Laws
As workers are often not informed of their rights, they can be unaware of the legal requirement for employers to provide certain periods of time between the end of one shift and the start of another. While the law is clear that employers are not required to provide 24 hours between the end and start of shifts, some employers do so. This is especially true in the industries of hospitality and food service. If workers do not receive 10 hours from the end of one shift to commence working again, they have the right to report this and can be protected from job loss if they choose not to go to work until they are given a proper break. Workers can report violations by filing a complaint with the Department of Industrial Relations Division of Labor Standards Enforcement . This department is committed to stopping abuse of workers and has regulations in place to ensure compliance. Workers can file a complaint anonymously, but it is better to provide information so they can be supported with any compromise or remedies. If a worker is disciplined or fired for refusing to work without being provided the legally required time between the end of one shift and the start of another, they must contact an employment lawyer as soon as possible. As with all labor standards issues, the longer a worker waits to address their employer about issues, the more difficult it becomes to seek a resolution. Since many workers may find themselves working on their own overtime if they only approach management, acting sooner removes the undue burden of fixing the problem when it should have been addressed earlier.