Sec. 316. Breaks for meals and rest
766 words·~3 min read·
/bill/119/hr/8541/ih/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 paragraphs
(2)and (4), a covered entity may provide an on duty-meal break or on duty rest break, only in lieu of an uninterrupted meal or rest break otherwise required under subsection
(a)or (b), and only in the case in which relieving the direct care professional of all duties would compromise the health or safety of the individual receiving care. 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; 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); and the terms of such on-duty meal or rest break are consistent with the terms of an applicable collective bargaining agreement, if one exists. The written agreement under clause (i)— shall be voluntary and not a condition of hire, continued employment, scheduling, or assignment; shall not waive, reduce, or conflict with any rights provided under a collective bargaining agreement applicable to the direct care professional or applicable State or local law; and shall be separately executed and not incorporated into a general employment agreement. A direct care professional may revoke an agreement under clause
(i)at any time without prior notice to the covered entity. The requirements under this section shall not apply in the case of a shared living arrangement. Nothing in this subsection shall be construed to— supersede, preempt, or waive any provision of State or local law that provides meal or rest period protections that are equal to or greater than the protections provided under this section; or permit a deviation from requirements of this section except pursuant to a collective bargaining agreement that expressly addresses meal and rest periods and provides protections that are equal to or greater than those provided under this section.