In the throes of busy daily schedules, employers may not have time to read through their employee handbooks and make adjustments to reflect changes in their workplaces. It may seem like a drain on time and money, but updating work policies is an important contributor to businesses' vitality. If employers let their practices become outdated, they might be leaving themselves open to employee lawsuits for noncompliance with the Fair Labor Standards Act (FLSA).
Unfortunately, many provisions of the FLSA are not one and done. They are updated as necessary to reflect the evolving state of the current business climate. Take meal breaks, for instance.
The FLSA states that employers are not required to provide meal or rest breaks. If they are offered, businesses generally must pay for shorter periods that last between five and 10 minutes, such as coffee or snack breaks. Longer pauses for meals are not necessarily considered compensable employee attendance if they last longer than 30 minutes and employees are freed from all job duties during that time.
There are new considerations that businesses must also be aware of, including break time for nursing mothers. The Patient Protection and Affordable Care Act (PPAPCA) established that employers must also offer mothers time and private space (other than bathrooms) to express breast milk for up to a year after children are born.
Although there is no evidence to suggest employers are not following these new policies, an article published in Workforce by employment lawyer Jon Hyman explains that some companies may not be familiar with the latest guidance, which can delay compliance.
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