Break Time

LRA

As I understand the FLSA, break time of less then 30 minutes should be considered "paid-time".

Orthodox observers of many religions are required to stop what they are doing (working) and pray multiple times each day; usually such prayer sessions take less then 30 minutes.

Do such breaks for prayer require/trigger "paid-time"?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 11-15-02 AT 07:09PM (CST)[/font][p]Actually, FLSA regulation 29CFR785.18 sets the window as from 5 to 20 minutes, not 30.

While I don't think that the FLSA regulations regarding break time envision it as a prayer time, clearly it can be. And with reasonable accommodation for religious practice being required of employers, it seems to me that such activity would seem to be appropriate for break time. Thus, even though it may be repeated three or four times during the day, I would doubt that an employer would be able to prevent a religious observant from taking any religously required 20 minute break and not pay him or her for it under FLSA.

State law, however, may provide that break time of may be limited to once every so many hours, within a "midpoint area." And that's where the real pay contention would occur. If that is the case, then it seems to me that the employer could argue, rightfully, that subsequent breaks (after the first one for the corresponding work period) for religious observance of even less than 20 minutes should be docked if docking of 20 minutes were a standard practice for any employee who missed that time under any other condition (e.g., reporting to work late, leaving work early). Certainly, whether or not the employee is actually docked time for any additional breaks beyond what the state law may require, the employer would, it seems to me, be required to allow those religious breaks to occur. I can't see them as being anything but "de minimus" as contemplated by the hardship provision of EEOC regulations on religious accommodations.

If you're asking the question because you relaly have a situation like that, then, I recommend you talk to legal counsel about the propriety of either paying or not paying for additional "break times" not required by state law that are under 20 minutes when they are for the purpose of providing a religious accommodation, such as prayer.

Pork

Like hatchman, I believe you would be wise to accomodate the religious activity unless it is going to directly effect or hinder production. You are certainly required to provide break times with pay for rest; prayer to the religious is restful at least once in the morning and during the break period for all other team members. Additionally, once in the afternoon would be reasonable. If the religious ee wants 10 minutes here and 10 minutes there to make up the total 20 minutes for morning and afternoon breaks with prayer, then I feel you need to consider the team and the impact on production and job task accomplishment. If the activitity can accomodate, then find. If not, then I would advise the religious ee to accomodate the rest of the team and exercise his rest periods at the time that everyone else does. Otherwise, the ee needs to find a more suitable occupation which would allow for his total religious freedom. Pork