혹시 잠시 휴식시간을 갖는것도 DOL ( 노동청)이 정한 법규를 따라야 되는것 아시죠?
아래는 흔히 있는 질문인것 같아 올립니다.
각 State마다 약간씩은 다르지만, 대개 4시간 맏 10 min. paid break가 있습니다. 따라서 하루 8시간을 일을 한다면, 10분씩 2번의 paid break가 있는 셈입니다.
Smoke Break은 따로 없지만, 이 시간에 담배를 피운다면, 바로 Paid Smoke Break가 되겠지요 ^&^
자세한 사항은 늘 각 주법을 꼭 참고하시고, 보다 더 신중한 것은 항상 변호사의 도움을 받음이 좋겠습니다.
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ASK THE EXPERTS: Do you have to pay for smoking breaks? |
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QUESTION: We give employees a one-hour unpaid lunch break. We don’t provide additional paid breaks during the day. If an hourly employee also chooses to take short smoke breaks (less than 20 minutes) in the morning and afternoon, do we have to pay her for the breaks? — A.R., Louisiana
ANSWER: The laws relating to work breaks differ from state to state. Employers should consult with their legal counsel to verify their policies comply with laws in their jurisdiction. With that caveat in mind, I can tell you that in most states (including Louisiana), employees do not have a right to take smoking breaks. Therefore, if you wanted to cut back on this employee’s breaks, you could require her to take her smoke breaks during her lunch break period.
Alternatively, you could continue giving the employee smoke breaks. However, the breaks would need to be paid unless they were 20 minutes or longer. The U.S. Department of Labor says that breaks of less than 20 minutes must be treated as working time.
Online resource: You can find a state-by-state chart on the minimum paid rest period requirements for private-sector employees at www.dol.gov/whd/state/rest.htm. |
