Oregon Meal Period and Rest Break Policy and Acknowledgement Form

Transcription

1 Oregon Meal Period and Rest Break Policy and Acknowledgement Form It is Sodexo s policy to comply with all state and local laws regarding meal periods and rest breaks, including those of the State of Oregon. Therefore, Sodexo adopts the following policy applicable to its nonexempt (hourly paid) employees who work in Oregon: Meal Periods: Employees who work six or more hours in a work period are required to take a 30-minute, unpaid, dutyfree meal period. If the work period is between six and seven hours, the meal period must be taken between the second and fifth hour of work. If the work period is more than seven hours, the meal period must be taken between the third and sixth hour of work. Employees who work 14 or more hours are required to take an additional 30-minute, unpaid, duty-free meal period. Employees who work 22 or more hours are required to take a third 30-minute, unpaid, duty-free meal period. If the employee s meal period is not indicated on a schedule, the employee s supervisor shall inform the employee of the time of the employee s meal period. Employees must clock or sign out and in for their meal period and shall not perform any work duties during the meal period. Employees must take the meal period every day and may not waive it, except as permitted by law and approved by Human Resources. Employees who are unable or forget to clock out or in for a meal period must notify their supervisor immediately and record the missed punch on the Punch Exception Log, initial the entry, and have the supervisor or manager approve the entry by initialing the missed punch. Employees who are unable to take a meal period for any reason must notify their supervisor immediately. Employees who are not provided with a meal period as set forth in this Policy should contact their supervisor, manager or Human Resources representative immediately. Rest Breaks: Employees are permitted to take one paid 10-minute rest break for every 4 hours worked or major portion thereof. Employees should take their rest break as close as possible to the middle of each 4-hour portion of their shift. If an employee s rest break is not posted on a schedule, the employee s supervisor shall inform the employee of the time of the employee s rest break. 1

2 Employees should not clock or sign out for rest breaks. Employees shall not perform any work duties during the rest break. Rest breaks may not be combined with other rest breaks or the employee s meal period. Employees who are not provided with a rest break as set forth by this Policy should contact their supervisor, manager or Human Resources representative immediately. If you have concerns about your meal periods or rest breaks, you can utilize Sodexo s Promise of Respect and Fair Treatment process or contact the Business Abuse Hotline to voice those concerns. Compliance with Sodexo s Oregon Meal Period and Rest Break Policy: Employees are expected to know and comply with Sodexo s Oregon Meal Period and Rest Break Policy. Violations include, but are not limited to: Failure to take meal periods or rest breaks as instructed. Failure to report missed meal periods or rest breaks. Failure to clock or sign out and in for meal periods. Per the Sodexo Payment of Wages for All Hours Worked Policy, CP-217, accurate timekeeping of all work time and meal periods is critical. Employees who fail to comply with Sodexo s Oregon Meal Period and Rest Break Policy will be subject to constructive counseling, up to and including termination of employment. Employees who intentionally violate Sodexo s Oregon Meal Period and Rest Break Policy and/or the Payment of Wages for All Hours Worked Policy (i.e. misrepresent time worked) are subject to immediate termination of employment. Managers who fail to enforce and comply with the Sodexo Oregon Meal Period and Rest Break Policy will be subject to constructive counseling, up to and including termination of employment. Employees Covered by a Collective Bargaining Agreement: Employees in units covered by a collective bargaining agreement shall follow the terms of the applicable collective bargaining agreement pertaining to meal periods and/or rest breaks. If the applicable collective bargaining agreement is silent on the subject of meal periods and/or rest breaks, then this Policy or state law shall apply. Employees who have any questions concerning this Policy should contact their supervisor, manager or Human Resources representative. Employee Acknowledgement I acknowledge that this policy has been provided and explained to me. I understand and agree to follow this policy. Print Employee Name: Employee Signature/ Date: 2

3 Oregon Meal Period and Rest Break Compliance Manager Oversight and Enforcement To comply with the Sodexo Oregon Meal Period and Rest Break Policy, managers must: Post the Oregon Meal Period and Rest Break Policy and Acknowledgement Form where other notices to employees are posted. Schedule and post nonexempt employee meal periods and rest breaks. Provide an unpaid 30-minute duty-free meal period to employees working more than six hours. Employees working between six and seven hours must take their meal period between the second and fifth hour of work. For work periods greater than seven hours, the meal period must be taken between the third and sixth hour of work. Provide an additional unpaid 30-minute duty-free meal period to an employee with a work period of 14 or more hours and a third meal period to an employee with a work period of 22 or more hours. Remind employees when their meal periods are scheduled. Ensure coverage is available so that employees can take an uninterrupted 30-minute meal period. Ensure frontline and nonexempt, administrative, technical, and professional employees clock, record or sign out and in for their 30-minute unpaid meal periods. Provide a 10-minute paid rest break to employees for every 4-hour work period or major portion thereof. The rest break should be taken as close to the middle of the 4-hour work period as possible. Ensure employees do not clock or sign out and in for rest breaks. Remind employees of their rest breaks and encourage them to take them. Review time records on a daily basis if possible. Review the Oregon Meal Period and Rest Break Policy with new employees on the first day during orientation. Have the employee sign the Employee Acknowledgement at the end and place in the personnel file. If an employee refuses to sign the Employee Acknowledgement, sign and date the form yourself to indicate when you provided and reviewed the policy with the employee. Note on the document the employee s refusal to sign and place in the employee s personnel file. Review the requirements of the Oregon Meal Period and Rest Break Policy with existing employees on a regular basis. Enforce the policy. Hold employees accountable for taking their meal periods as required. Promptly take disciplinary action according to the Constructive Counseling process or the disciplinary procedures provided in the applicable collective bargaining agreement. Always act consistently. Sodexo relies on its managers to ensure it complies with Oregon s meal period and rest break requirements. Accordingly, managers who fail to comply with the policy will be subject to discipline up to and including termination of employment. If you have any questions about the policy or your responsibilities, contact your HR representative.

4 Oregon Meal Period and Rest Break Summary Meal Periods Length of Work Period 30-minute Meal Period Entitlement Up to 5 hours, 59 minutes 6 hours to 13 hours, 59 minutes 14 hours to 21 hours, 59 minutes 22+ hours Rest Breaks Length of Work Period 2 hours or less 2 hours, 1 minute to 6 hours 6 hours, 1 minute to 10 hours 10 hours, 1 minute to 14 hours 14 hours, 1 minute to 18 hours 18 hours, 1 minute to 22 hours 22 hours, 1 minute to 24 hours 10-minute Rest Break Entitlement

5 Oregon Meal Period and Rest Break Compliance Employee Constructive Counseling Employees are expected to know and comply with the Sodexo Oregon Meal Period and Rest Break Policy. Violations include, but are not limited to: Failure to take meal periods and rest breaks as instructed Failure to clock, record or sign out and in for meal periods Failure to report missed meal periods and rest breaks to the supervisor or manager Employees who unintentionally fail to comply with Sodexo s Oregon Meal Period and Rest Break Policy will be subject to constructive counseling as follows: For initial violations, deliver a Written Coaching. For second violations, deliver a Written Warning, review the policy with the employee and have the employee sign the Oregon Meal Period and Rest Break Policy and Acknowledgement Form. For third violations, deliver a second Written Warning, review the policy with the employee and have the employee sign the Employee Acknowledgement again. For fourth violations, employees may be subject to termination. Review the facts with your Human Resources representative. Employees who intentionally violate the Sodexo Oregon Meal Period and Rest Break Policy (for example: misrepresent time worked) are subject to immediate termination of employment. All Constructive Counseling Notices must be placed in the employee s personnel file. Template Constructive Counseling Notices are provided to assist you in documenting written coaching and written warning actions. If you need assistance, contact your Human Resource representative.

6 OREGON MEAL PERIOD AND REST BREAK Q&A Meal Periods Q1. Do employees have to punch/sign out and in for meal periods? A. Absolutely. It is important documentation to confirm employees have received their 30-minute meal period as required by state law. Q2. Can I require an employee to work through her meal period if I pay her for the time? A. No. The employee is entitled to a 30-minute, duty-free meal period if the employee works six or more hours. Additional meal periods are required for 14 and 22 hour work periods. Any time a meal period is missed or the employee is unable to take the full 30 minutes, the employee must be paid for time worked or the short meal period. Q3. Can I allow my employee to waive her meal periods? A. No, an employee cannot legally waive her right to receive required meal periods. There is one exception to this requirement for tipped food and beverage servers under certain circumstances. The employee must serve food or beverages, receive tips and report those tips to the employer. The employee must be at least 18 years of age and the employee must voluntarily request to waive his meal period. The request to waive the meal period must be in writing on a form provided by the Oregon Bureau of Labor and Industries. See Resources under the Meal Periods heading on the Oregon State Wage and Hour Laws page. 1

7 Q4. Can I require an employee to take a meal period at her workstation? A. No. An employee must be relieved of all work duties during the 30-minute meal period. Q5. Can I allow an employee to combine one of her two 10- minute rest breaks with her 30- minute meal period to create a 40-minute meal period? A. No. To be in compliance with the law, meal periods and rest breaks must be taken separately. Q6. What is required if an employee regularly scheduled to work a 12-hour shift works extra hours? A. Employees working 12 hours are entitled to one meal period. If the employee works 14 or more hours they will be entitled to at least one additional meal period depending on the number of hours worked. Q7. I have an employee who wants to take a meal period outside the required timeframes. If he is willing to put the request in writing, is it OK? A. No. The employee cannot request a meal period outside the required timeframe even if he is willing to put it in writing. Q8. Can I require my employees to stay on the work premises during their meal periods? A. Yes, but employees must be completely relieved of all duties. 2

8 Q9. All my employees start at the same time each day. Do I have to give them their meal period at the same time? A. No, employees do not have to have the same meal period if they start their shift at the same time. All employees meal periods should be scheduled to ensure their meal periods are taken during the required timeframe. Staggering meal periods provides constant coverage in the unit. Q10. Am I allowed to adjust the schedule for meal periods from one workday to the next, or does the meal period schedule need to be fixed? A. There is no requirement that the scheduling of meal periods be fixed. The law permits flexibility in scheduling meal periods on a day to day basis based on the employer's operational needs as long as the meal periods are taken during the required timeframes based on the length of the employee s work period. This is to avoid interruption in the flow of work and to maintain continuous operations. Q11. How do I ensure that employees are receiving and taking their required meal periods? A. Scheduling meal periods and posting the meal period schedule helps ensure employees receive their required meal periods. Review time records on a daily basis if possible. If the time records reveal: (1) no clock/sign out and/or in for the 30-minute meal period, (2) a meal period is less than 30 minutes, (3) a meal period was started outside the required timeframe based on the length of the employee s work period, or (4) a second or third meal period, if eligible, was not taken: 1. Discuss the time record with the employee and record the reason on the time record. Have the 3

9 employee sign or initial the notation on the Punch Exception Log, the print screen of the time card, or the Frontline Manual Timesheet. 2. If the employee states the missed, short or late meal period occurred because of personal reasons unrelated to work requirements proceed with (a) a written coaching, or (b) the appropriate constructive counseling step using the appropriate template Constructive Counseling Notice. Attach a copy of the time record with reason to the Constructive Counseling Notice. Remind the employee of the obligation to take meal periods according to Sodexo s Oregon Meal Period and Rest Break Policy and review the policy with the employee again. 3. If the employee states that he did, in fact, take a meal period but forgot to clock/sign out or in, proceed with (a) a written coaching, or (b) the appropriate constructive counseling step using the appropriate template Constructive Counseling Notice. Attach a copy of the time record with reason to the Constructive Counseling Notice. Remind the employee of the obligation to take meal periods according to Sodexo's Oregon Meal Period and Rest Break Policy and to clock/sign out and in for his meal periods. 4. Ensure all Punch Exception Logs and Frontline Manual Timesheets are maintained with other time related records for the pay cycle. 4

10 Rest Breaks Q12. Should I have my employees punch/sign out and in for rest breaks? A. No. Because rest breaks are paid, Company policy does not require employees to punch or sign out and in for rest breaks. Rest breaks should be scheduled and managed on an individual basis. Employees are attesting on the time clock or online when approving their timecard or signing the affirmation statement on the Frontline Manual Timesheet that they received their meal periods and rest breaks as required by law. If the unit is still using Labor Management, employees are signing the affirmation statement on the Time Card Approval Report that they have received their required meal periods and rest breaks. Q13. Can I allow an employee to waive her 10-minute rest break(s)? A. No. Employees cannot waive their 10- minute rest breaks. Q14. Can rest periods be scheduled at any time? A. No. Rest breaks should be scheduled as close as possible to the middle of each 4-hour work period. Q15. Can I require my employees to stay on the work premises during their 10-minute rest breaks? A. Yes. You can require employees to stay on the premises during their rest breaks because the employees are being compensated for the time. 5

11 Q16. Can I allow an employee to work through either or both of her rest breaks so that she can leave work minutes early or arrive at work minutes late? A. No. Working through a rest break does not entitle an employee to arrive late or leave work early. A rest break must be preceded and followed by some work period during the workday. Otherwise, it is not a rest break, but rather, merely a means of shortening the workday. The purpose of the rest period is to refresh workers during the workday. This purpose would be subverted by eliminating the rest break in exchange for a shorter workday. The law prohibits an employer from deducting the rest periods from the beginning or end of the employee s work shift. This sort of arrangement also encourages the employee to waive her rest break which is also not allowed by law. Q17. Can I allow employees to combine their two 10-minute rest breaks into one 20-minute rest break? A. No. Combining two 10-minute rest breaks into a 20-minute rest break is not allowed. Each rest break is intended as a separate break. Generally, the first 10-minute rest break precedes the meal period in the first 4-hour work period and the second 10-minute rest break follows the meal period in the second 4-hour work period. Rest breaks must be taken in addition to and separately from required meal periods. Q18. Can I allow an employee to add one of his 10-minute rest breaks to his meal period? A. No. The law prohibits an employer from allowing an employee to add a rest period to a meal period. 6

12 Q19. Are smokers entitled to additional rest breaks? A. No. Under Oregon law rest break time is based on one 10-minute rest break for every segment of four hours or major portion thereof. This means every two hours and one minute through four hours. Q20. When an employee needs to use the restroom during her work period does that count as her 10-minute rest break? A. No. The 10-minute rest break is not designed to be exclusively for use of the restroom. Rest breaks are intended to cover other personal needs as well, including taking a walk or stretching, making a personal phone call or smoking in a permitted area. The rest break is not to be confused with or limited to breaks taken by employees to use the restroom. Allowing employees to use the restroom during working hours does not meet Sodexo s obligation to make rest breaks available to eligible employees. This is not to say, of course, that you do not have the right to reasonably limit the amount of time an employee may be absent from her workstation. It also does not mean that an employee who chooses to use the restroom while on an authorized break may extend the break time by doing so. The law simply prohibits an employer from requiring that employees count any separate use of the restroom as a rest break. 7

13 Q 21. Can I give employees 15-minute rest breaks instead of 10-minute rest breaks? A. Yes. If business permits, employees would probably appreciate a 15-minute rest break. Providing 15-minute rest breaks ensures employees are receiving at least the required 10-minute rest breaks even if they return a couple of minutes early from their break. Q22. Am I allowed to adjust the schedule of rest breaks from one workday to the next, or does the schedule need to be fixed? A. There is no requirement that the scheduling of rest breaks be fixed. The law permits flexibility in scheduling rest breaks on a day-to-day basis based on the employer s operational needs This is to avoid interruption in the flow of work and to maintain continuous operations. Keep in mind the rest break should be taken as close as possible to the middle of each 4-hour work segment or major portion thereof. Meal Periods and Rest Breaks Q23. How does the policy apply to employees who are scheduled for split shifts? A. Employees working a split shift are entitled to the meal periods and rest breaks based on the number of hours in each individual work shift. For example, if an employee works four hours in the morning and another four hours in the late afternoon, the employee would be entitled to an uninterrupted 10-minute rest break during the morning work period and another one during the afternoon work period. 8

14 Q24. What are employees entitled to if they work 12-hour shifts? A. Employees who work 12 hour shifts are entitled to one 30-minute meal period and at least three 10-minute rest breaks. The meal period is to be taken between the third and sixth hour of work. Q25. I have employees that sometimes work a double shift to cover for someone s absence. To what are they entitled? A. It will depend on the length of the employee s double shift. Employees who work 14 hours or more are entitled to two 30-minute meal periods unless they work 22 or more hours, then it is three meal periods. The employee is entitled to at least four 10-minute rest breaks if they work more than 14 hours. Additional rest breaks are required for shifts greater than 18 hours based on one 10- minute rest break for each 4-hour segment or major portion thereof in the double shift. Employee Relations Q.26. What do I do if an employee refuses to sign the Employee Acknowledgement on the Sodexo Oregon Meal Period and Rest Break Policy? A. If an employee refuses to sign the Employee Acknowledgement, simply sign and date the Employee Acknowledgement yourself to indicate the date you provided and reviewed the policy with the employee. Note the employee s refusal to sign and place it in the employee s personnel file. You should remind the employee, however, that failure to follow the Oregon Meal Period and Rest Break Policy is grounds for constructive counseling, up to and including termination, and the employee s refusal to sign the Employee Acknowledgement does not excuse him or her from that obligation. 9

15 Q27. What do I tell employees who have questions about past failure to provide the meal periods or rest breaks outlined in the Oregon Meal Period and Rest Break Policy? A. If employees seek additional information about the reason for the Employee Acknowledgement or if they raise specific complaints about past practices, please tell them to contact their Human Resources representative directly and provide the employee with the HR contact information. Miscellaneous Q28. Does this state law and Oregon policy apply to my Admin Assistant and Chef (Class Code 4 positions)? They record their time in etime using Hours Time Entry View. A. Yes. The Oregon state law and Sodexo policy for meal periods and rest breaks does apply to administrative assistants and nonexempt chefs. It applies to all nonexempt (hourly paid) employees, not just frontline employees recording their time on the In Touch time clocks or online using Timestamp View or using a Labor Management time clock. Q29. I manage client employees. Do I post Sodexo s policy and have employees sign the Employee Acknowledgement on the policy? A. No, you should not post a Sodexo policy or have the client employees sign a Sodexo employee acknowledgement. Consult with the client s Human Resources representative to discuss what resources they have available to educate and keep the employees informed of Oregon state requirements. 10

16 Q30. I have employees that use pagers for their work. How do I ensure they are not interrupted during their meal periods and rest breaks? A. Employees should be instructed to turn off or silence their pagers, radios, beepers etc. or give their communication devices to the manager or another employee and log out of any work assignment systems before the start of their meal periods and rest breaks. Refer to Sodexo s CP-217 Payment of Wages for All Hours Worked Policy for additional information. Q31. I supervise union employees. Do I implement this policy in my unit? A. You should check the collective bargaining agreement and see what it says about meal periods and rest breaks. If the collective bargaining agreement specifically provides for meal periods and rest breaks, then follow the union contract. If the union contract does not have a provision covering meal periods or rest breaks, then you should follow Sodexo s policy. However, before applying Sodexo s policy or distributing the Oregon Meal Period and Rest Break Policy and Acknowledgement Form to employees, you must consult with your Labor Relations representative. Additionally, when applying Sodexo's policy, you do not want to act contrary to any other part of the union contract. For example, any discipline under Sodexo s Oregon Meal Period and Rest Break Policy must be consistent with the disciplinary process provided in your union contract. Please consult your designated Labor Relations representative for information specific to your location. 11

17 Q32. What are the consequences if I don t follow the Oregon Meal Period and Rest Break Policy? A. A manager has the responsibility to comply with the policy and state law. Failure to do so creates great risk for Sodexo. Claims for violations of Oregon meal period and rest break laws can be very costly. Centralized data analysis may be conducted to ensure compliance. Managers not complying with the policy will be subject to constructive counseling up to and including termination of employment. Q33. Is there a poster on meal periods and rest breaks? A. No, there is no meal period and rest break specific poster. However, the Sodexo Oregon Meal Period and Rest Break Policy and Acknowledgement Form and the Sodexo Meal Period and Rest Break Summary Chart must be posted in an area accessible to employees (i.e. on the employee bulletin board or near the time clock). The Policy is available in English and Spanish on Sodexo Net. The state required Oregon Minimum Wage poster contains references to the state law for meal periods and rest breaks. 12