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Mandatory Employee Breaks: What to Do When Employees Are Not Taking Their Breaks

Learn how to minimize company-wide liability by ensuring your employees are receiving mandatory breaks. In 2019, employers are facing an unfettered number of wage and hour claims, on an individual and company-wide basis. Many of these claims arise from an employer's duty to provide breaks under various employment laws. This topic will provide an overview of break requirements and then delve into best practices for the most cutting-edge break policies available to employers, including a compliance and reporting program for violations. In addition, this material will discuss 'real' feedback from employee interviews on what matters to them in the workplace and provide insight into why this should be important to employers, both from a legal liability perspective but also employee morale. Finally, this topic will detail the potential exposure for employers that fail to ensure their employees are receiving their legal break obligations under applicable law and provide some further guidance on how to minimize company-wide liability.


Runtime: 91 minutes
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Legal Standards for Breaks

  • Federal
  • State
  • Meal Periods/Rest Periods
  • Paid/Unpaid
  • Exempt/Non-Exempt

Strong Break Policy

  • Components of Policy
  • Applicability of Waivers
  • Remedies for Non-Compliance (Compliance Program)
  • Discipline for Intentional Violations
  • Implementing Policy
  • Supervisor Training

Importance of Employee Lunch Areas and Similar Perks

  • Break Rooms
  • Coffee Machines
  • Lunch Outings
  • Break Signs

Liability

  • Agency Claims
  • Single-Plaintiff Lawsuits
  • Class and Representative Actions
  • Arbitration Agreements?
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on February 1, 2019.

Call 1-866-352-9540 for further credit information.

  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Annie Ellis

Annie Ellis

Procopio, Cory, Hargreaves & Savitch LLP

  • Attorney in the office of Procopio, Cory, Hargreaves & Savitch LLP
  • Procopio awarded Tier 1 ranking for employment law management by U.S. News & World Report, 2014-2018
  • San Diego Super Lawyers® Rising Star – 2018-2019 (Employment & Labor)
  • San Diego young attorneys nominee by San Diego Daily Transcript, 2014
  • Association of Business Trial Lawyers - LDC, Co-chair 2018
  • La Jolla Playhouse, Board of Trustees
  • Practice emphasizes all aspects of employment law on management-side, from litigation to counseling (policies, investigations, layoffs, terminations, hiring, and other human resources issues and strategies)
  • Recent litigation victories: Successfully defeated employee’s age discrimination claims in summary judgment motion for public entity; successfully defeated employee’s pregnancy discrimination claims in summary judgment motion; affirmed on appeal; successfully defeated class certification in wage and hour class action asserting independent contractor misclassification; procured sanctions against plaintiff’s counsel for violating discovery laws; minimized penalties by significant amount in wage and hour class action with proactive measures at onset of litigation; defeated employee’s wage and hour claims before DLSE
  • Conducts regular seminars and presentations in employment law, including wage and hour, leaves of absence, paid sick leave, social media, and background checks
  • Written several publications related to wage and hour, paid sick leave, and other issues relevant to employers
  • J.D. degree, University of San Diego School of Law (San Diego Law Review – Editor-in-Chief); B.A. degree, University of California, Los Angeles
  • Can be contacted at 619-906-5741 or [email protected]
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!

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Product ID: 404111
Published 2019
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