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Restroom breaks taken out of lunch break. Nevada

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  • Restroom breaks taken out of lunch break. Nevada

    I have a 1 hour paid lunch break (that we take all at once), and I received an e-mail today saying that all restroom breaks will be deducted from our lunch break.
    The E-mail said "If you need to use the restroom, this will count as a 15-minute break". So any time I use the restroom it takes 15 minuets off my lunch break even if it only takes 5 minuets. Can they deduct restroom breaks from my lunch break, and if so can they make it so itís always for 15 minuets?

  • #2
    A. Rest periods are based on the total hours worked daily at the rate of 10 minutes for each 3 1/2 hours worked. An unpaid meal period of 30 minutes of uninterrupted time shall be authorized for an employee working a continuous period of 8 hours.

    What that means is, that for an 8-hour shift, you must receive, by law, 2 rest breaks of at least 10 minutes each and a meal period of at least 30 minutes.

    Now, this could get a little convoluted. Arguably, if you don't need to use the restroom during the first half of your shift, then it sounds like you aren't getting one of your required rest breaks; and the same on the second half of your shift.

    If you do need the restroom once in the morning, for example, that's your break as required by law. Ditto for the second half of your shift.

    Since the law requires only a 30-minute meal period (not an hour), the employer could arguably say that they are providing the required rest breaks. But you can play this game, too. Take a morning break and an afternoon break, even if you don't need to use the restroom and then take a 30-minute lunch if you need to. However, if you need to use the facilities more than twice during your work periods, the employer still cannot "deduct" any more than the 15 minutes twice, because of the 30-minute meal period requirement.

    BTW, OSHA also requires that the employee be given "adequate time" to use the restroom facilities.

    This is an example of micro-managing at its finest.
    Last edited by Pattymd; 07-12-2008, 03:19 PM.
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