Employees who do not work the same days every week Regular days are determined by looking at whether an employee worked at least 5 times on that day in the previous 9 weeks. This rule is sometimes called 'The 5 of 9 rule'.
Ohio law and federal law do not require that an employer provide any breaks (except for minors) for any duration. So what does that mean for short breaks such as cigarette breaks, coffee breaks, or rest breaks? Breaks of a short duration, running from 5 minutes to about 20 minutes, are common in the work place.
Basic rules For shifts 10 hours or longer, an employee is entitled to two 30-minute breaks. An employee is not entitled to any breaks if their shift is 5 hours or less. If an employer and an employee agree, the break may be taken in 2 periods of at least 15 minutes.
Ohio is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory, there is no contract to the contrary, and that the employer is not retaliating against the employee for a rightful action.
One of the primary concerns of Ohio labor laws regarding breaks is the protection of hourly workers. Most employers must provide at least one 30-minute break for every eight-hour work period. However, there are some exceptions to this rule.
Ohio is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory, there is no contract to the contrary, and that the employer is not retaliating against the employee for a rightful action.
For an 8-hour work shift, employees are entitled to a minimum 20-minute uninterrupted break if they work more than six hours. The break should not be taken at the beginning or end of the shift, and employees must be allowed to take it away from their workstation.
Please contact the U.S. Department of Labor at 1-866-4-USA-DOL (1-866-487-2365) for questions about the Family and Medical Leave Act. How do I report harassment?
While an automatic meal deduction policy does not violate the law, employees must be entitled to have an uninterrupted meal break in order for the deduction to be legal.