Do I Take a Bathroom Break, Or Do I Get Paid? Hmmm….

This was the question posed by Adam Welsh, senior trial attorney at the U.S. Department of Labor. A Philadelphia-area employer docked 6,000 workers pay for using the bathroom.  A court has ruled against the company, and ordered $1.75 million to pay 6,000 employees who were docked for bathroom and other short breaks. What does the law (Fair Labor Standards Act) say about this? FLSA does not require a break (but note: most state wage laws do require at least unpaid breaks, some require paid breaks). In 2012, the U.S. Department of Labor alleged that the employer, American Future Systems Inc., broke the law by requiring workers to clock out while they were going to the bathroom or grabbing coffee or a smoke. While FLSA does not require breaks, it states that if an employer allows breaks, time for the breaks must be paid at at least the minimum wage rate. (By the way, that time also accrues toward overtime.)  See more by clicking here.