In Ohio, the law does not require an employer to provide paid meal or rest breaks. However, there are certain legal requirements that an employer must obey in terms of meal deductions, uninterrupted breaks and breaks for workers who are younger than 18 years old. Violating these laws can give the wronged employee the ability to file a complaint or unpaid meal and rest break lawsuit in Cleveland.
In Ohio, the law leaves the decision of whether to offer paid rest and meal breaks up to the discretion of an employer. However, federal law for meal and rest breaks states that if a worker takes a short break, between about 5 to 20 minutes, this break is considered part of the worker’s compensable work hours, and an employer must pay the employee for time spent on the short break.
A break that lasts 30 minutes or more, however, is considered a meal period under federal law. Meal periods are not allocated as compensable work time, meaning employers do not have to pay for these breaks or count them as hours worked when calculating overtime pay. The only exception is if the employee works over an allotted break time.
If an employer does give at least 30 minutes for rest or meal breaks over a work shift, these breaks may be unpaid only if the worker is not required to work in any capacity during the break. An unpaid rest or meal break must be completely free from job-related activities, including answering phone calls or emails.
If an employee is required to work over the break, it automatically becomes paid work time. If an employer refuses to pay for a “break” that involves required work, this is a common type of wage violation or wage theft under federal law. In this situation, the employee has the right to pursue financial compensation for unpaid breaks through a claim or lawsuit.
Another example of wage theft is docking an employee’s pay for a break that lasts less than 30 minutes. Employers legally must compensate employees for short breaks, such as breaks to use the restroom or smoke. Requiring workers to clock out for all short breaks is a form of wage theft in Ohio.
When an employer hires a worker who is younger than 18 years old, the laws surrounding rest and meal breaks change. Federal law requires employers to provide 30-minute breaks for every 5 hours a minor spends working. This break can come at any time during the shift (not just lunch). In addition, a teenager’s work hours must be arranged so that they do not conflict with school responsibilities and do not last later than 11:00 p.m.
If your employer in Ohio is guilty of refusing to pay you for a short break or for a longer break that was interrupted by mandatory work, you may have the right to file a wage claim in pursuit of financial compensation. The most effective and efficient way to pursue a claim is by hiring a wage and hour attorney to represent you.
An attorney will understand the state and federal laws surrounding your rest and meal breaks and can explain your legal rights in detail after analyzing your specific situation. If you have grounds for a case, your lawyer can help you file a complaint with the Ohio Department of Commerce or bring a claim against the company’s insurer.
If necessary, your Cleveland wage and hour lawyer can take your wage theft claim to trial in Ohio. However, most meal and rest break violation claims are resolved via settlements outside of court. Discuss the potential value of your claim and the steps you should take to initiate a case with a knowledgeable attorney. Contact Scott & Winters Law Firm, LLC today for a free consultation.
