The State of Ohio does not have any laws that imply the requirement for breaks or meal periods. Breaks are a mutually agreed agreement between the employer and the employee. Ohio law and federal law do not require an employer to provide breaks (except for minors) for any period of time. So what does that mean for short breaks, such as smoking breaks, coffee breaks, or breaks? If you need help learning more about Ohio labor laws, you can post your legal need on the UpCounsel marketplace.
Rules for construction industry employees may be replaced by a collective bargaining agreement covering such employees if the terms of the agreement specifically require meal periods and prescribe requirements that concern them. While many states have labor regulations that specify the time and duration of meal breaks to be provided to employees, the Ohio government has no such laws. Employers are required to pay salaried employees if they are given permission to vote; however, there is no law that requires an employee to be paid by the hour when they are given permission to vote. However, the absence of Ohio laws related to breaks means that employers have no legal obligation to schedule or provide breaks for their employees, nor should they pay wages during rest periods or allow breaks at the employee's discretion.
Uniform request for all employees, except for an employer of a licensed health care facility or an employer who employs fewer than three people in any shift at the workplace. The employer must pay all accrued vacation time to employees at the time of separation from work if the contract or policy requires it. An employer cannot require an employee to perform work-related tasks, such as answering the phone during a break. It excludes, among others, managers, executives, professionals, travel agents, union officials or organizers, certain drivers, domestic servants, public sector jobs, and certain employees covered by collective bargaining agreements.
Whether an employer allows their employees to have meal and rest breaks depends largely on the employer's discretion. To continue to qualify for unemployment benefits, you must be able and available to work, and you must actively seek employment for as long as you receive unemployment benefits. However, if the employee is required to work during the designated “lunch break” (for example, a receptionist who must still answer the phone during lunch), then the employee must be paid. The Ohio Department of Commerce sets the rule for workday breaks for minors under the age of 18. However, when employers offer compensated breaks, a nursing mother must be compensated in the same way that other employees are compensated for rest time.
The Family and Medical Leave Act also allows an employee to take unpaid leave of up to 26 weeks in a one-year period to care for a family member if they sustained serious injuries during military service. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), an employee can take unpaid leave from work to perform their state or federal military duty.
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