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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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How does one reconcile the requirement that federal contractors

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How does one reconcile the requirement that federal contractors bill for time worked with the fact that if you provide a rest break that you have to pay for time NOT worked. Do most federal contractors NOT have rest breaks because of this?
Under California law, meal and rest breaks are required for all employees, including federal contractors. Rest breaks are paid, so they would be considered as time worked.

Unfortunately, you cannot require employees to take 'rest breaks' (two 10 minute breaks during a normal 8 hour shift where an employee must be relieved of all duties) off their timecards.

For federal contractors in California, employees must be given their rest breaks and the employer is required to pay the employees for these rest breaks.

Thus, in respect to your question, California employment law would override the requirement for federal contractors to bill for time worked.

However, you can, and most employers do, require employees to take the required half-hour meal break off their timecards, as meal breaks are not required to be paid by the employer.

Customer: replied 4 years ago.
I am located in Rochester, NY. Is your service limited to CA law?
No, your question was listed in the California Employment Law section.

You are not required to provide your employees with breaks under New York law, so you do not have to provide your employees with rest breaks.

However, the New York Department of Labor states that employers 'should' pay for rest breaks, but, again, it is not required that they do so, so you can require employees to 'clock out' for their rest break.

http://www.labor.ny.gov/workerprotection/laborstandards/faq.shtm#8
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