Sec. 115. Breaks for meals and rest
573 words·~3 min read·
/bill/118/s/4552/is/section-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (c), an employer shall not require a domestic employee to work more than 5 hours for such employer without an uninterrupted meal break of not less than 30 minutes. The number of hours worked by a domestic employee for purposes of this paragraph shall be calculated without regard to any rest break the employee takes and to which the employee has a right under subsection (b). An employer shall pay a domestic employee for a meal break under paragraph
(1)at the regular rate of pay of the domestic employee unless the domestic employee 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 (1), an employer shall— provide a reasonable opportunity for a domestic employee of the employer to take such break for a period of uninterrupted time that is not less than 30 minutes; and not impede or discourage such a domestic employee from taking such meal break. Except as provided in subsection (c), for every 4 hours of work that a domestic employee is scheduled to perform for the employer, the employer shall allow the employee a rest break of not less than 10 uninterrupted minutes in which the domestic employee is relieved of all duties related to providing domestic services to the employer. The employer shall allow such rest break to occur during the first 3 hours of consecutive work performed by the employee for the employer. An employer shall pay a domestic employee for all rest breaks under paragraph
(1)at the regular rate of pay of the employee. The employer shall not impede or discourage a domestic employee from taking such breaks. Subject to paragraph (2)(B), a domestic employee 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 employee prevents the domestic employee from taking such break. In this subsection, the term on-duty break , with respect to a meal break under subsection
(a)or a rest break under subsection (b), means a break in which the domestic employee— is not relieved of all duties of the employee for the employer; and may, to the extent possible given the duties of the domestic employee for the employer, 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 employee 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 employee from being relieved of all duties required of the domestic employee for the employer; and the domestic employee and the employer agree to such an on-duty meal or rest break in a written agreement, which shall include a provision allowing the domestic employee to, in writing, revoke the agreement at any time . An employer shall compensate a domestic employee for the time of an on-duty meal or rest break under this paragraph at the regular rate of pay of the employee for the employer. The requirements under this section shall not apply in the case of a shared living arrangement.