Breaks/Rest Periods for Exempt EE's in WA St

Gerri · November 2003

Does defining a break or rest period for an exempt employee in Washington State affect their exempt status per FLSA? My interpretation of the rule in Washington regarding breaks and rest periods covers all employees and doesn't define "exempt or non-exempt". Any thoughts?

lnelson · November 2003

I am in CA but I believe that all non-exempt and exempt ee's can have a defined work schedule. So to answer your question No it does not affect their FLSA.
As the employer you have the right to let your ee's know when they can take their breaks and rest periods. But if you do it for one you should do it for all.

Gerri · November 2003

Thanks for your response. We have a policy in place already regarding breaks and rest periods that applies to all employees - so we would be doing the same for all. I'm having to write a letter of expectation that includes defining breaks as the employee takes too many. My boss was just concerned that addressing this in the letter might affect the exempt status of the employee. And based on the rules and regs I've read and my understanding of them - I don't see how it could.

Dan Krawczyk · November 2003

I agree and disagree. The employer can establish defined work breaks for any employee, regardless of exempt/non-exepmt status, however if you dock an exempt employee wages, or tie the wages to specific hours worked, or for exceeding the break time, you could be in trouble.

Gerri · November 2003

We are not planning to dock the employee - only give him parameters for taking his breaks. He takes too many breaks and his work is such that he needs to be at his desk and available as a resource to customers and other staff.

Dan Krawczyk · November 2003

Gerri,

That should work, just be careful.

Dan

Breaks/Rest Periods for Exempt EE's in WA St

Comments