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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.

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.

61 minutes
Course Exam
Certificate of Completion
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Why Lorman?

Over 34 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/Nonexempt

Strong Break Policy

  • Components of Policy
  • Applicability of Waivers
  • Remedies for Noncompliance (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 Retaliation

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

Over 34 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, 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 October 22, 2021.

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

  • AIPB 1.0
     
  • This program is acceptable for 1.0 CPEC(s) towards the CB designation through the American Institute of Professional Bookkeepers (AIPB).
     
  • AK CLE 1.0
     
  • Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.0
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.0 hours credit.
     
  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.0
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.0
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
     
  • IL CLE 1.0
     
  • This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.0
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
     
  • NH MCLE 1.0
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 60 Minutes.
     
  • NJ CLE 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.2 hours of total CLE credit.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.0
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
     
  • VT CLE 1.0
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
  • WI CLE 1.0
     
  • This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
     
  • HR Certification Institute 1.0
     
  • This E-Learning program has been approved for 1.0 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.0
     
  • 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 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
     

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.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

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

MP3 Download

  • Arizona CLE 1.0
     
  • CA MCLE 1.0
     
  • CT CLE 1.0
     
  • HI CLE 1.0
     
  • NJ CLE 1.2
     
  • VT CLE 1.0
     
  • WA CLE 1.0
     
  • WV MCLE 1.2
     
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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Why Lorman?

Over 34 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

Law Office of Annie M. Ellis, A.P.C.

  • Law Office of Annie M. Ellis, A.P.C.
  • San Diego Super Lawyers® Rising Star – 2018-2021
  • 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; defeated employee’s claims at administrative trial; defeated employee’s claims in arbitration.
  • 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 619-798-8075 or [email protected]
Rick A. Waltman

Rick A. Waltman

Rick Waltman Law, APC

  • Rick Waltman Law, A.P.C.
  • San Diego Super Lawyers® Rising Star – 2018-2019
  • Practice emphasizes all employment litigation and counseling on both employer and employee side
  • Recent litigation victories: Served on trial team that won a unanimous defense verdict against employee alleging fraud and breach of contract, affirmed on appeal; obtained ruling declaring a serial plaintiff as a vexatious litigant, requiring them to obtain court approval prior to filing lawsuits in California federal courts
  • Conducts trainings for employment issues including harassment, discrimination, and wage and hour practices; performs audits and investigations regarding the same
  • J.D. degree, University of San Diego School of Law (San Diego Law Review – Editor; Appellate Moot Court, Associate Board); B.S. degree, University of Minnesota, Twin Cities
  • Can be contacted at 619-320-5666 or [email protected]
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Why Lorman?

Over 34 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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Product ID: 409213
Published 2021
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