Joseph, I have an employee, hourly - non administrative, I have verbal reports that she is abusing her break time by adding a bathroom visit before her 10 minute break. the complaining employee covers the phones while the aledgely offending employee goes for her two daily 10 minute breaks which because she adds the bathroom, turn in to 15 minute breaks. I have asked the alledgedly offending employee claims she only takes a 10 minute break and says sometimes it's longer because she goes to the bathroom. I have asked her to clock for her 10 minute breaks. Now I'm being told I cannot ask her to record her breaks on her time card. So I guess I have two questions.
Already Tried: Issue 1 tacking on the bathroom break with the 10 minute break I looked in Wage Order 4-2001 and requiring employees to clock out for breaks I couldn't find either.
Since the two 10 minute breaks in an employee's work day are paid breaks you cannot require that they 'clock out' for those breaks, since they must be paid.You can discipline the employee (up to and including termination) for taking longer than a 10 minute break by going to the bathroom in addition to her break.
Experience: Extensive experience representing employees and management