Mandatory rest periods

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  • Except as otherwise provided for in a written contract or by a collective bargaining agreement:
    • (a) An employer shall allow paid rest periods of a minimum of ten minutes within each four hours of continuous work.

    • (b) Employers need not provide rest periods for employees whose total daily work time is less than four hours.

    • (c) An employer may not add the rest period to a meal period nor allow the employee to take his rest period at the beginning or end of the work period.

    • (d) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this section, the employee shall make up the missed rest period within the same work day, or within the same pay period or the employer shall pay the employee one-half hour pay at the employee's regular rate of compensation for each rest period that is not provided.

    • (e) Subsections (a) through (d) of this section do not apply when all of the following conditions exist:

      • (1) The employee is 18 years or older;

      • (2) the employee is working alone;

      • (3) the employee is employed in a retail or service establishment; and

      • (4) the employee is allowed to leave the employee's assigned station when the employee must use the restroom facilities.

    • (f) The Commissioner of Labor may promulgate rules and regulations not inconsistent with this section.


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