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LeoFit Policy Letter

Rev1

Employee Breaks

MEAL TIME BREAKS

California law requires that all non-exempt employees who work more than 5 hours in a day must take a 30-minute, unpaid meal break within the first 5 hours of work performed. Employees who work less than 5 hours in a day are not required to take a meal break. Employees working more than 5 but less than 6 hours in a day are allowed to waive their lunch break by emailing HR on the same day you are waiving your lunch break.

Non-exempt employees may not skip the meal break, and working through your meal break does not entitle you to leave work early or arrive late.  Employees are permitted to leave the premises while on a meal break. Employees on break may not interrupt other employees who are not on break.

Employees on break should not be informed of or requested to answer any work-related information and while on break are not permitted to read or respond to work related emails or calls they may receive on their cell phone, laptop or tablet. Any employee who violates this policy is subject to disciplinary action leading up to and including termination. 

Trainers must schedule in their meal breaks to start no later than the end of the 5th hour of work. Meal breaks should be scheduled into EZ Facility calendar daily.

Late Return from Breaks: Please do not clock back in until 30 minutes have elapsed. There is a 5 minute leeway for returning from the lunch break. Employees who are more than 5 minutes late to return from a lunch break will earn one-half (1/2) incident.

15-MINUTE BREAKS

California law requires that all non-exempt employees will receive one, 10-minute uninterrupted paid break for every four hours worked.  LeoFit policy is to allow 15-minute paid breaks instead of 10-minute breaks. These breaks may be waived by the employee. Non-exempt employees on break should not be informed of or requested to answer any work-related information and while on break are not permitted to read or respond to work related emails or calls they may receive on their cell phone, laptop or tablet. Any employee who violates this policy is subject to disciplinary action leading up to and including termination. 

Generally, breaks should be taken as close to the middle of the work period as is possible.  Employees are permitted to leave the premises while on break; however, any additional time over the 15 minutes that is taken is not paid time, and any violations of the break time limit may subject the employee to disciplinary action.  Employees may not combine their breaks with each other or with the meal break. Additionally, working through your break periods does not entitle you to leave work early or arrive late.

Because breaks should be taken in the middle of the work period rather than at the beginning or end, no breaks are permitted during the first hour of your work schedule or during the last hour of your work schedule.  

Late Return from Breaks: Employees who are late to return from any 15-minute break will earn one-half (1/2) incident.

Employees who are on break are asked to not disturb employees who are not on break so as not to interrupt their workflow, and instead to direct their conversation and comments to those who are also on break at the same time. 

Trainers do not take breaks during any period that they are scheduled with clients.

TIME SHEETS

Each non-exempt employee (on an hourly rate) must clock out for the daily meal break on their computer and clock back in after the 30-minute break is over. You do not need to clock out for 15-minute break periods.  Every Friday HR will print out a time sheet showing arrival time, beginning and ending times of meal breaks, and time you left each day for the previous week. Employees will sign the time sheet and return it to Accounting before you leave on Saturday.

EXEMPT EMPLOYEES

Exempt employees are not subject to the laws regarding either meal breaks or paid breaks.  However, as a company policy, exempt employees should not take more than a 15-minute break in the morning and afternoon, or more than 30 minutes for lunch.

Leo Hamel, Founder