What to Know About Workplace Break Laws in Ohio

What to Know About Workplace Break Laws in Ohio.

Taking even just a short break during a long workday can provide you with some much-needed rest — and make you more productive. Although neither state nor federal law require breaks during an employee’s working hours, they are customary in many workplaces. Notably, when breaks are provided to employees, employers must adhere to specific workplace break laws.

What are Ohio’s Meal Break Laws?

Many employers offer meal breaks during the workday to employees — whether they are paid or unpaid. But it’s important to understand that these breaks are not required by law for employees 18 and older. The only requirement under Ohio’s workplace break laws for meal breaks applies to employees who are minors. Employees who have not reached the age of majority must be given at least 30 minutes of uninterrupted break time for every five hours of continuous work.

Importantly, if your employer does offer breaks during the work day, there are certain rules that must be followed, including:

  • Meal breaks cannot be discriminatory or denied based on an employee’s protected status
  • An employee who is required to work during their meal break must be paid for that time
  • If an employee must clock out for a meal break, it must be at least 30 minutes long and uninterrupted

In the event an employer offers a meal break of at least 30 minutes, and the employee is relieved of all job duties during that time, the employer is not required to compensate them for the break. However, if any work is required to be performed during a break, such as answering the phone or helping a customer, an employee must be paid for the time.

What are Ohio’s Rest Break Laws?

Meal breaks are different from short rest breaks under Ohio’s workplace break laws. Specifically, rest breaks last between five and 20 minutes and may include a trip to the restroom, a coffee break, or other short interruptions in the workday. These types of breaks must be counted among an employee’s hours worked. An employee must be paid for all breaks during the workday that are 20 minutes or less, even if multiple short breaks are taken throughout the day. If an employer requires workers to clock out during these brief breaks, they may be in violation of the law.

Break Time for Nursing Mothers

Under federal law, employers in Ohio are required to provide reasonable break time for employees who are nursing mothers for a year after the child’s birth to express breast milk. They must also be provided with a private place to express breast milk, other than a bathroom. Under the Federal Labor Standards Act (FLSA), these breaks do not need to be paid — but if an employer in Ohio offers paid breaks, nursing mothers must be compensated the same as other employees for their break time.

What are Your Options if Your Employer Violates the Workplace Break Laws?

If your employer violates the workplace break laws in Ohio, and you are owed wages, it’s essential to understand your legal options. Be sure to document each violation, including the dates and times to preserve these details for any claim you might file. You should also try to resolve the issue with your supervisor or the Human Resources department before pursuing further action. But if the matter cannot be settled with your employer, it may be necessary to seek a legal remedy to recover your unpaid wages.

In the event the issue cannot be resolved internally, you may be able to file a complaint with the Bureau of Wage and Hour Administration, which investigates wage violations in Ohio. If you believe you were discriminated against in connection with the workplace break violation, you might be eligible to file a complaint with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission (EEOC) — depending on the facts of your case.

You may also be entitled to file a lawsuit in court to recover the wages you are owed by your employer. A knowledgeable employment law attorney can assess your case and best advise you regarding your legal recourse. Generally, any lawsuit for unpaid wages must be commenced within two years from the date the violation occurred under Ohio law.

Contact an Experienced Ohio Employment Law Attorney

If you were required to clock out for a break during the workday and your employer required you to continue performing work-related tasks during that time, you may be able to recover the unpaid wages you are owed. It’s vital to have a skillful employment law attorney who can assist you with recovering the compensation to which you’re entitled.

Located in Westlake and offering reliable counsel to clients throughout Ohio, Lalak LLC fights for the rights of employees who have been denied their rightful wages and wronged by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you with your workplace break law claim.