Although the FLSA does not require rest periods or breaks, it is
customary in industry for employees to be given such breaks, which last
generally between five and 20 minutes. Such breaks are considered to be
primarily for the benefit of the employer since they tend to promote the
efficiency of the employee and are considered to be working time.
Whether or not a worker with a disability receiving special minimum
wages must be paid for such break periods depends on the method of
compensation. Hourly paid workers must be compensated for breaks at their
normal hourly wage. But no additional compensation is due workers with
disabilities paid piece rates provided the piece rate was properly
established and includes a sufficient allowance for personal time, fatigue and
unavoidable delays (PF&D). The PF&D allowance also takes into account
the time workers spend on traditional breaks or rest periods.
For more information on PF&D allowances, read Fact Sheet No. 39D,
Incorporating Personal Time, Fatigue and Delay (PF&D) Allowances When
Determining Piece Rates to be Paid Workers with Disabilities Receiving Special
Minimum Wages under Section 14(c) of the Fair Labor Standards Act (FLSA)
For more information about rest periods and hours worked, please visit
the FLSA Hours Worked
Advisor.
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FLSA Section 14(c) Advisor |
Wage and Hour Division
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