Good news for office workers; your employer has to pay you for bathroom breaks. In a recent decision, the a Federal District Judge in Pennsylvania ordered the owners of American Future Systems, Inc., a telemarketing company, to compensate workers for money the company had docked them for short breaks, including trips to the bathroom. The employer owes at least $1.75M in back pay.

The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees for hours worked.  According to the U.S. Department of Labor:

“Rest periods of short duration, running from five minutes to about 20 minutes, are common in industry . . . They must be counted as hours worked.”

The good news for employers is that a recent study from Organizations in MOTION showed that employees who take short, frequent breaks work more efficiently and take fewer sick days than those who do not. The current workplace wisdom is “20-20-20,” suggesting employees in sedentary jobs take 20 steps away from their desk for 20 seconds every 20 minutes. Short bursts of activity cause hyper-oxygenation of the brain, which increases concentration and productivity.

Some short-burst activities include:

• Taking the stairs instead of the elevator;
• Holding “walking meetings,” taking notes on the go if needed;
• Sit on an exercise ball at your desk;
• Talk to colleagues in person rather than sending intra-office emails;
• Walk to a farther bathroom;
• Stand up and stretch; and
• Do Jumping Jacks.

The FLSA guidelines for employers make two exceptions to the paid break policy;

• Extending an authorized break beyond 20 minutes; or
• Breaks for the purpose of expressing breast milk.

Obamacare, through the Patient Protection and Affordable Care Act, requires employers to provide nursing mothers with breaks to express breast milk but does not require employers to pay them.

The employment attorneys at Hanan M. Isaacs, P.C, care about your rights as a worker. If your employer has violated your workplace rights, contact us today to schedule a reduced fee initial consultation.  We will listen to the facts, advise you on the law, and make recommendations as to your best course of action, whether involving negotiations, mediation, arbitration, an EEOC complaint, or a trip to the court house.  We are “compassionate counsel, tough advocates”.  Call or write us today.  You will be glad you did.