Sec. 316. Breaks for meals and rest
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/bill/118/s/4120/is/section-316·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 covered entity shall not require a direct care professional to work more than 5 hours for such hiring entity without an uninterrupted meal break of not less than 30 minutes. The number of hours worked by a direct care professional for purposes of this paragraph shall be calculated without regard to any rest break the direct care professional takes and to which the direct care professional has a right under subsection (b). A covered entity shall pay a direct care professional for a meal break under paragraph
(1)at the regular rate of pay of the direct care professional, unless the direct care professional is relieved of all duty for not less than 30 minutes during the meal break and 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 covered entity— shall provide a reasonable opportunity for a direct care professional to take such break for a period of uninterrupted time that is not less than 30 minutes; and shall not impede or discourage a direct care professional from taking such meal break. Except as provided in subsection (c), for every 4 hours of work that a direct care professional is scheduled to perform for a covered entity, the entity shall allow the direct care professional a rest break of not less than 10 uninterrupted minutes in which the direct care professional is relieved of all duties related to providing long-term care services to the entity. The entity shall allow such rest break to occur during the first 3 hours of consecutive work performed by the direct care professional for the entity. A covered entity shall pay a direct care professional for the times spent by the direct care professional for a rest break under paragraph
(1)at the regular rate of pay of the direct care professional. The hiring entity shall not impede or discourage a direct care professional from taking such break. Subject to paragraph (2), a direct care professional 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 direct care professional prevents the direct care professional 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 direct care professional— is not relieved of all duties of the direct care professional for the covered entity; and may, to the extent possible given the duties of the direct care professional for the covered 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 direct care professional may still take an on-duty meal or rest break under subsection
(a)or (b), respectively, if— the nature of the work prevents a direct care professional from being relieved of all duties required of the direct care professional for the covered entity; and the direct care professional and the covered 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 direct care professional to, in writing, revoke the agreement at any time. A covered entity shall compensate a direct care professional for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the direct care professional for the entity. The requirements under this section shall not apply in the case of a shared living arrangement.