What employers with retail establishments are covered by the Shift Break law?Ī covered employer is an employer who is engaged in a retail business or retail franchise with the same trade name with 50 or more retail employees for each working day in the last 20 or more calendar weeks. Are employees on commission covered by the Shift Break law?Įmployees who are commissioned sales employees of retail establishments are exempt from the Shift Break law if: (1) more than half of the employee's earnings come from commissions and (2) the employee averages at least one and one-half times the minimum wage for each hour worked.ģ.
BREAK TIME IN SPANISH PROFESSIONAL
Employees exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA) including executive, administrative and professional employees, as well as employees engaged in outside sales work.Employees covered by a collective bargaining agreement or other employment policy that provides for shift breaks of equal or greater duration to those required by this law.However, certain employees are exempt including the following: Who is covered by the Healthy Retail Employee Act (hereinafter "the Shift Break law")?Įmployees who work in certain retail establishments (see FAQ #3 for which employers and retail establishments are covered) are entitled to a non-working shift break depending upon the number of hours worked. The following are hypothetical situations to provide further guidance on the Shift Break law:ġ.What if an employer has more than one violation in a three year period against the same employee?.What happens if the Commissioner cannot resolve the complaint informally?.What does the Commissioner do with the complaint?.What should I do if I think I have been denied a break that I am entitled to under the Shift Break law?.Are there recordkeeping requirements for employers under the Shift Break law?.Will I be paid for time that I am on break?.My employer says that I can have a "working shift break"? What is a working shift break and is it allowed?.When is an employee entitled to take their break?.If I work for an employer covered by the Shift Break law, what break am I entitled to?.What percentage of business must be provided in person in order for the Shift Break law to apply? For example, if the employer engages in significant Internet and phone sales but also has in person sales at the establishment are their employees covered?.a beauty salon that sells beauty products, an auto repair shop that sells floor mats, wiper blades, etc.) are they covered by the Shift Break law?
If a business provides some services and some retail sales (i.e.If an employer owns several franchises, do the employees working at different franchises around the State count toward 50?.If an employer has some employees working in the state and some employees working out of State, which employees count toward the 50 needed for coverage?.What employers with retail establishments are covered by the Shift Break law?.Are employees on commission covered by the Shift Break law?.
Who is covered by the Healthy Retail Employee Act (hereinafter "the Shift Break law")?.Shift Breaks - The Healthy Employee Act Frequently Asked Questions (FAQs)- Employment Standards Service (ESS)
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