When employees take short smoking breaks, water breaks or rest breaks, may an employer deduct it from their working time?
Author: Jessica Sussman
Breaks of five to 10 minutes must be counted as time worked. Although breaks are not required by the Fair Labor Standards Act, if an employer permits employees to take short breaks, they must be counted as work hours. This includes short smoking breaks or rest breaks. As a result, employers may not deduct the break time from their working time.