![]() ![]() For example, a live-in care provider who assists her roommate who has a disability in the morning for three hours, then goes to class at the local university, returns home to study, watches television, and does her own laundry before assisting the roommate for two hours in the evening, has only worked five hours the hours spent actually engaged in assisting the roommate who has a disability is deemed to be compensable hours worked.Īn employee who works on the employer's premises is not necessarily considered working all the time he or she is on the premises.Įxample: George is hired as a personal attendant for Mr. On the other hand, workers (including live-in employees) who have been completely relieved from duty and are able to use the time for their own purposes - to go to a movie, run a personal errand, attend a parent-teacher conference - need not be paid for this time. In such cases, the employee is "engaged to wait" and must be paid for such time. ![]() Under the Fair Labor Standards Act, an employee who reads a book, knits, or works a puzzle while awaiting assignments is working during the period of inactivity. ![]() For example, a direct care worker who must watch over an ill client is on duty and must be paid for all of that time. My guess would be that if working during the meal break does push the employee into overtime, then he should be remunerated for it at overtime rates.Generally, when an employee is "on duty" (that is they must be in the home and prepared to provide services when required), they are working. The act is unclear on whether the meal break should be remunerated at normal rate of pay or at overtime rates. If he does work during the meal break, he must be remunerated for it, presumably at his normal rate of pay. Provision is also made that an employee may be required to work during his meal break, but only on work that cannot be left unattended, or cannot be done by another employee. Presumably then, such arrangements are left to be negotiated between employer and employee. It means that at some stage after the 5 hours has been worked, he must be given a meal break. It merely states that after five hours continuous work he must be given a meal break – it does not state at what stage after the five hours continuous work, or how long after the five hours continuous work, the meal break must be given. The section does not mean that immediately upon completion of five hours continuous work, the employee must be given a meal break. It states that after five hours continuous work, the employee must be given a meal interval of at least one continuous hour, which may be reduced to 30 minutes by agreement between employer and employee. This section makes provision for the employee to have a meal break. For the purposes of subsection (1), work is continuous unless it is interrupted by an interval of at least 60 minutes.Ī) reduce the meal interval to not less than 30 minutes ī) dispense with a meal interval for an employee who works fewer than six hours on a day. ![]() During a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee.Ī.) for a meal interval in which the employee is required to work or is required to be available for work andī.) for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the workplace is situated.Ĥ. An employer must give an employee who works continuously for more than five hours a meal interval of at least one continuous hour.Ģ. ![]()
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