Sec. 115. Breaks for meals and rest
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/bill/116/s/2112/is/section-115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (c), a domestic work hiring entity shall not require a domestic worker to work more than 5 hours for such hiring entity without an uninterrupted meal break of not less than 30 minutes. A domestic work hiring entity shall pay a domestic worker for a meal break under paragraph
(1)at the regular rate of pay of the domestic worker unless the domestic worker is relieved of all duty for not less than 30 minutes during the meal break and the domestic worker is permitted to leave the work site during such break. Except as provided in subsection (c), for any paid meal break required under paragraph (2), a domestic work hiring entity— shall provide a reasonable opportunity for a domestic worker to take such break for a period of uninterrupted time that is not less than 30 minutes; and shall not impede or discourage a domestic worker from taking such meal break. Except as provided in subsection (c), for every 4 hours of work that a domestic worker is scheduled to perform for a domestic work hiring entity, the entity shall allow the worker a rest break of not less than 10 uninterrupted minutes in which the domestic worker is relieved of all duties related to providing domestic services to the domestic work hiring entity. The domestic work hiring entity shall allow such rest break to occur during the first 3 hours of consecutive work performed by the worker for the entity. A domestic work hiring entity shall pay a domestic worker for the times spent by the worker for a rest break under paragraph
(1)at the regular rate of pay of the worker. The hiring entity shall not impede or discourage a domestic worker from taking such break. Subject to paragraph (2), a domestic worker may not have the right to a meal break under subsection (a), or a rest break under subsection (b), in a case in which the safety of an individual under the care of the domestic worker prevents the domestic worker from taking such break. In this subsection, the term on-duty , with respect to a meal break under subsection
(a)or a rest break under subsection (b), means such a break in which the domestic worker— is not relieved of all duties of the worker for the domestic work hiring entity; and may, to the extent possible given the duties of the domestic worker for the domestic work hiring entity, engage in personal activities, such as resting, eating a meal, drinking a beverage, making a personal telephone call, or making other personal choices. In a case described in paragraph (1), the domestic worker may still take an on-duty meal or rest break under subsection
(a)or (b), respectively, if— the nature of the work prevents a domestic worker from being relieved of all duties required of the domestic worker for the domestic work hiring entity; and the domestic worker and the domestic work hiring entity agree to such an on-duty meal or rest break in a written agreement described in clause (ii). The written agreement under clause (i)(II) shall include a provision allowing the domestic worker to, in writing, revoke the agreement at any time. A domestic work hiring entity shall compensate a domestic worker for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the worker for the entity. The requirements under this section shall not apply in the case of a shared living arrangement.