| Policy | Meal Period |
| Department | General Human Resources |
| Last Updated | May 2021 |
Policy
Meal Breaks
The company gives all non-exempt employees who work more than five hours during a workday a duty-free, uninterrupted 30-minute meal period. This meal period is to begin no later than the end of the fifth hour of work. Employees who work more than 10 hours a day are also entitled to a second uninterrupted, duty-free 30-minute meal period. This second meal period is to begin no later than the end of the 10th hour of work.
Rest Breaks
Employees are also given the opportunity to take a paid rest break of 10 minutes every four hours worked (or a significant fraction thereof), which should be taken approximately halfway through each work period. Rest breaks cannot be combined with meal periods, and they cannot be used to shorten the workday.
Procedure
Meal Breaks
Relieved of all duties
As a company policy, all employees are relieved of all duties during meal periods, so they can use these times as they wish. In order to provide our employees with duty-free meals, the company schedules work assignments in a way in which all employees are expected to take advantage of them, and it encourages them to do so.
Written confirmation may be requested from the employee whether all meal periods were provided during a particular pay period, or whether meal periods were missed, typically an employee should clock out and clock in from their 30 minute meal period. The company prohibits employees from working off-the-clock, falsifying their timekeeping records, or manipulating their work schedules to inaccurately reflect or hide meal periods taken or working periods spent during meal periods.
No manager or supervisor has the authority to suggest what an employee should do during a meal period. Human Resources should be notified immediately if a manager or supervisor instructs an employee to skip or work during a meal period, especially if a waiver or on-duty meal period has not been signed.
Waiver of meal period
An employee may waive meal periods only when his or her workday will be completed in six hours. If employees work more than 10 hours in a day, they can waive their second meal period only if they take their first meal period and work less than 12 hours that day. To waive a meal period, employees must complete and sign a meal period waiver form and submit it to their manager.
6 hr MEAL PERIOD WAIVER - All properties.pdf
On-duty meal period
Certain designated employees may be allowed to work an "on-duty meal period" when the nature of their duties prevents them from being relieved of all duties. An employee will be allowed to take an on-duty meal period only if his or her job duties require it, such as front desk and night audit positions. In this event, the on-duty meal period is paid and treated as hours worked. Forms for on-duty meal periods must be completed and signed by the employee, and then submitted to the manager.
AGREEMENT FOR ON-DUTY MEAL PERIODS (1).pdf
Rest Breaks
Rest breaks counted as hours worked
It is not necessary for employees to record rest periods on their time cards or in the employer's timekeeping system because the breaks are counted as hours worked.
Rest breaks will be provided as follows:
Shift (Hours Worked in a Day) |
Number of Paid Rest Breaks |
| At least 3.5 but less than 6 hours | 1 |
| At least 6 but less than 10 hours | 2 |
| At least 10 but less than 14 hours | 3 |
Relieved of all duty
Employees are relieved of all duties during their rest breaks, so they are free to use their time as they wish. The company does not require employees to stay on premises during rest breaks. In addition to scheduling work assignments to encourage employees to take their duty-free rest breaks, the company also schedules work assignments to encourage duty-free rest breaks.
The company may ask employees to confirm in writing that they have taken all of their rest breaks for a given pay period, or alternatives, to mention any that they have missed.
An employee's manager or supervisor cannot specify how he or she should spend his or her personal time during a rest break. Human Resources should be notified immediately if a manager or supervisor instructs an employee to skip or work during a rest break.