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Failing to Compensate Employees for Missed or Interrupted Breaks

Employers in Ohio have a legal obligation to obey state and federal laws when it comes to paying their employees. This includes properly compensating them for breaks that get missed or interrupted by work. If your employer isn’t properly paying you for skipped meals and rest breaks, you may have grounds to file a Cleveland unpaid meal and rest time claim to seek financial compensation.

Federal and State Rest and Meal Break Laws

Paid breaks are not a legal requirement in Ohio. There is no federal law that universally requires employers to offer paid rest or meal breaks; instead, employers must adhere to state laws. Ohio does not have a law requiring paid breaks for employees who are over the age of 18. However, if an employer does choose to voluntarily offer breaks, it must adhere to related federal requirements.

The Fair Labor Standards Act (FLSA) states that any short break (between 5 and 20 minutes long) is considered compensable, meaning an employer must pay for this time. If a break is 30 minutes or longer, however, it is generally not considered compensable. There is an exception if the worker is expected to work during the break; the employee must be completely relieved of his or her work duties for the break to lawfully go unpaid.

When Does an Employer Have to Pay for Work Breaks?

According to the FLSA, if a rest or meal break that is given to an employee is interrupted or missed entirely, the employee is owed financial compensation for this period as time worked. An employer must pay for the full duration of an interrupted break, even if the employee spent part of the break uninterrupted. An employer must also pay for each missed meal or rest break.

An interrupted break means one where the employee is required to work in any capacity. This can include answering phones, replying to emails, attending a meeting, or helping customers. If an employee is called back to work early or required to perform any work-related task within the designated time of the break, the entire break becomes compensable.

How to Protect Your Rights as an Employee in Ohio

Your employer may not be violating a law by not offering you breaks throughout your shift, but they are in the wrong if breaks are offered and you are not properly compensated for missed or interrupted ones. In this situation, you may be able to recover financial compensation for wages that you are owed through a Cleveland wage and hour violation claim.

Take the following steps to protect yourself as a wronged employee:

  • Document everything. Track your breaks by keeping a detailed record of breaks you’ve been scheduled, breaks you missed and breaks that were interrupted with work. Keep paystubs that show you were not properly paid.
  • Talk to your employer. Bring your information to your employer or the Human Resources department to seek an internal resolution. Your employer might resolve the issue by adjusting your pay and reimbursing you for lost wages.
  • Take legal action. You may have grounds to file a lawsuit against your employer to recover financial compensation for missed or interrupted work breaks. Available compensation can include backpay, interest and other penalties.

If your rights as an employee in Ohio are being violated due to unpaid missed or interrupted breaks, discuss potential legal remedies with a lawyer at Scott & Winters Law Firm, LLC. Begin your legal matter with a free consultation.