Weekly Updates and News Weekly (11/26/18)
This week’s contents:
Topic of the Week Can your employer deny you a break?
Surprisingly, there are no federal laws requiring meal and rest breaks. This area of the law has been left mostly to states with only 20 requiring meal breaks and 9 requiring rest breaks. Most employers do provide meal breaks and may be required to provide breaks for specific religious or health reasons.
If you need break time for religious practice:
Can your employer legally deny you this time? It depends. When your employer’s workplace policies interfere with your religious practices, you can ask for what is called a “reasonable accommodation:” a change in a workplace rule or policy which would allow you to engage in a religious practice without conflicting with your work obligations.
Your employer is required to provide you with such an accommodation unless it would impose an “undue hardship” on the employer’s business, defined as an accommodation that is too costly or difficult to provide. It is important for you to work closely with your employer to find an appropriate accommodation.
Whether your employer can accommodate your religious practices, such as prayer or Bible study, will depend upon the nature of the work and the workplace. Usually, your employer can allow you to use lunch or other break times for religious prayer. While the employer may argue that giving breaks to only one employee would be an undue hardship, a number of factors must be balanced to determine whether it will be too costly or difficult to provide this accommodation in your workplace.
If you require additional time for prayer or must go to another location away from your immediate work area, you can still be accommodated if the nature of your work makes flexible scheduling workable, but your employer can require you to make up the time.
When you need break time to tend to you medical needs:
Can your employer legally deny you this time?It depends. If you are able to perform all of the essential functions of a job, except for those your disability prevents you from performing, the Americans with Disabilities Act and many state disability laws require that your employer provide you with a “reasonable accommodation,” which is an adjustment or modification provided by an employer to allow you to enjoy equal employment opportunities as individuals without disabilities.
Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. Additional or more frequent breaks are a form of reasonable accommodation. For example, an employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels, while an employee with cancer and undergoing radiation or chemotherapy treatments may need more frequent rest breaks. It is important for you to work closely with your employer to find an appropriate accommodation for your disability.
An employer is not required to make an accommodation for a known disability of a qualified applicant or employee if it would impose an “undue hardship” on the employer’s business. Undue hardship is defined as an accommodation requiring “significant difficulty or expense.” An employer is not required to lower quality or production standards to make an accommodation, or excuse violations of conduct rules necessary for the operation of an employer’s business. While the employer may argue that giving breaks to only one employee would be an undue hardship, a number of factors must be balanced to determine whether it will be too costly or difficult to provide this accommodation in your workplace.
If you require additional time for breaks or must go to another location away from your immediate work area, you can still be accommodated if the nature of your work makes flexible scheduling workable, but your employer can require you to make up the time.
If you are not considered disabled under the ADA, your employer may not have a legal obligation to give you breaks. However, you should still talk with your managers and/or the company’s HR department to see whether the company is willing to accommodate your needs voluntarily.
Weekly Updates and News Weekly: Archive
Select a date from the list below.
- March 1, 2021
- February 22, 2021
- February 15, 2021
- February 8, 2021
- February 1, 2021
- January 25, 2021
- January 18, 2021
- January 11, 2021
- January 4, 2021
- December 28, 2020
- December 14, 2020
- December 7, 2020
- November 23, 2020
- November 16, 2020
- November 9, 2020
- November 2, 2020
- October 26, 2020
- October 12, 2020
- October 5, 2020
- September 28, 2020
- September 21, 2020
- September 14, 2020
- September 7, 2020
- August 31, 2020
- August 24, 2020
- August 17, 2020
- August 10, 2020
- July 27, 2020
- July 20, 2020
- July 13, 2020
- July 6, 2020
- June 22, 2020
- June 15, 2020
- June 1, 2020
- May 25, 2020
- May 18, 2020
- May 11, 2020
- May 4, 2020
- April 27, 2020
- April 20, 2020
- April 13, 2020
- April 6, 2020
- March 30, 2020
- March 23, 2020
- March 16, 2020
- March 9, 2020
- March 2, 2020
- February 24, 2020
- February 17, 2020
- February 10, 2020
- February 3, 2020
- January 27, 2020
- January 20, 2020
- January 13, 2020
- December 23, 2019
- December 16, 2019
- December 9, 2019
- December 2, 2019
- November 25, 2019
- November 18, 2019
- November 11, 2019
- November 4, 2019
- October 28, 2019
- October 7, 2019
- September 30, 2019
- September 16, 2019
- September 2, 2019
- August 26, 2019
- July 29, 2019
- July 15, 2019
- June 17, 2019
- June 10, 2019
- May 6, 2019
- April 29, 2019
- April 22, 2019
- April 15, 2019
- April 8, 2019
- March 25, 2019
- March 11, 2019
- March 4, 2019
- February 25, 2019
- February 18, 2019
- February 11, 2019
- January 28, 2019
- January 21, 2019
- January 14, 2019
- December 17, 2018
- December 3, 2018
- November 26, 2018
- November 5, 2018
- October 29, 2018
- October 15, 2018
- October 8, 2018
- October 1, 2018
- September 24, 2018
- September 10, 2018
- September 3, 2018
- August 29, 2018
- August 6, 2018
- July 23, 2018
- June 25, 2018
- June 18, 2018
- June 11, 2018
- June 4, 2018
- May 28, 2018
- May 21, 2018
- May 7, 2018
- April 30, 2018
- April 23, 2018
- April 16, 2018
- April 9, 2018
- April 2, 2018
- March 26, 2018
- March 19, 2018
- March 12, 2018
- February 26, 2018
- February 5, 2018
- January 29, 2018
- January 22, 2018
- January 8, 2018
- January 1, 2018
- December 18, 2017
- December 11, 2017
- December 4, 2017
- November 27, 2017
- November 13, 2017
- November 6, 2017
- October 30, 2017
- October 23, 2017
- October 16, 2017
- October 9, 2017
- October 2, 2017
- September 25, 2017
- September 18, 2017
- September 11, 2017
- September 4, 2017
- August 28, 2017
- August 21, 2017
- August 14, 2017
- August 7, 2017
- July 31, 2017
- July 24, 2017
- July 17, 2017
- July 3, 2017
- June 26, 2017
- June 12, 2017
- June 5, 2017
- May 29, 2017
- May 22, 2017
- May 15, 2017
- May 8, 2017
- May 1, 2017
- April 24, 2017
- April 19, 2017
- April 10, 2017
- April 3, 2017
- March 20, 2017
- March 13, 2017
- March 6, 2017
- February 27, 2017
- February 20, 2017
- February 13, 2017
- February 6, 2017
- January 30, 2017
- January 23, 2017
- January 16, 2017
- January 9, 2017
- January 2, 2017
- December 19, 2016
- December 12, 2016
- December 5, 2016
- November 21, 2016
- November 14, 2016
- November 7, 2016
- October 31, 2016
- October 24, 2016
- October 17, 2016
- October 10, 2016
- October 3, 2016
- September 26, 2016
- September 19, 2016
- September 12, 2016
- September 5, 2016
- August 29, 2016
- August 22, 2016
- August 15, 2016
- August 8, 2016
- August 1, 2016
- July 25, 2016
- July 18, 2016
- July 11, 2016
- July 4, 2016
- June 27, 2016
- June 20, 2016
- June 13, 2016
- June 6, 2016
- May 30, 2016
- May 23, 2016
- May 16, 2016
- May 9, 2016
- May 2, 2016
- April 25, 2016
- April 18, 2016
- April 11, 2016
- April 4, 2016
- March 28, 2016
- March 21, 2016
- March 14, 2016
- March 7, 2016
- February 29, 2016
- February 22, 2016
- February 15, 2016
- February 8, 2016
- February 1, 2016
- January 25, 2016
- January 18, 2016
- January 11, 2016
- January 4, 2016
- December 21, 2015
- December 14, 2015
- December 7, 2015
- November 30, 2015
- November 23, 2015
- November 16, 2015
- November 9, 2015
- November 2, 2015
- October 26, 2015
- October 19, 2015
- October 12, 2015
- October 5, 2015
- September 28, 2015
- September 21, 2015
- September 14, 2015
- September 7, 2015
- August 31, 2015
- August 24, 2015
- August 17, 2015
- August 10, 2015
- August 3, 2015
- July 27, 2015
- July 20, 2015
- July 13, 2015
- July 6, 2015
- June 29, 2015
- June 22, 2015
- June 15, 2015
- June 8, 2015
- June 1, 2015
- May 25, 2015
- May 18, 2015
- May 11, 2015
- May 4, 2015
- April 27, 2015
- April 20, 2015
- April 13, 2015
- April 6, 2015
- March 30, 2015
- March 23, 2015
- March 16, 2015
- March 9, 2015
- March 2, 2015
- February 23, 2015
- February 16, 2015
- February 9, 2015
- February 2, 2015
- January 26, 2015
- January 19, 2015
- January 12, 2015
- January 5, 2015
- December 29, 2014
- December 15, 2014
- December 8, 2014
- December 1, 2014
- November 7, 2014
- October 15, 2014
- October 8, 2014
- October 1, 2014
- September 24, 2014
- September 17, 2014
- September 11, 2014
- September 3, 2014
- August 19, 2014
- July 14, 2014
- June 24, 2014
- June 9, 2014
- May 26, 2014
- May 19, 2014
- May 5, 2014
- April 27, 2014
- April 14, 2014
- April 8, 2014
- April 2, 2014
- March 24, 2014
- March 18, 2014
- March 10, 2014
- March 3, 2014
- February 24, 2014
- February 17, 2014
- February 3, 2014
- January 27, 2014
- January 20, 2014
- December 30, 2013
- December 11, 2013
- December 4, 2013
- November 20, 2013
- November 12, 2013
- October 30, 2013
- October 21, 2013
- October 8, 2013
- October 1, 2013
- September 23, 2013
- September 20, 2013
- September 9, 2013
- September 4, 2013
- August 27, 2013
- August 19, 2013
- August 12, 2013
- August 5, 2013
- July 30, 2013
- July 22, 2013
- July 8, 2013
- July 1, 2013
- June 24, 2013
- June 17, 2013
- June 10, 2013
- June 3, 2013
- May 20, 2013
- May 13, 2013
- May 6, 2013
- April 29, 2013
- April 23, 2013
- April 16, 2013
- April 15, 2013
- April 8, 2013
- April 1, 2013
- March 26, 2013
- March 18, 2013
- March 12, 2013
- March 5, 2013
- February 25, 2013
- February 19, 2013
- February 4, 2013
- January 28, 2013
- January 22, 2013
- January 14, 2013
- January 7, 2013
- January 2, 2013
- December 24, 2012
- December 17, 2012
- December 10, 2012
- December 3, 2012
- November 26, 2012
- November 19, 2012
- October 29, 2012
- October 22, 2012
- October 15, 2012
- October 8, 2012
- October 1, 2012
- September 24, 2012
- September 17, 2012
- September 10, 2012
- September 4, 2012
- August 27, 2012
- August 20, 2012
- August 14, 2012
- August 6, 2012
- July 30, 2012
- July 23, 2012
- July 9, 2012
- June 19, 2012
- June 11, 2012
- June 4, 2012
- May 29, 2012
- May 21, 2012
- May 8, 2012
- April 30, 2012
- April 23, 2012
- April 16, 2012
- April 2, 2012
- March 27, 2012
- March 19, 2012
- March 13, 2012
- March 6, 2012
- February 14, 2012
- February 6, 2012
- January 30, 2012
- January 17, 2012
- January 9, 2012
- January 3, 2012
- December 27, 2011
- December 12, 2011
- November 27, 2011
- November 20, 2011
- November 13, 2011
- November 7, 2011
- October 24, 2011
- October 17, 2011
- October 10, 2011
- October 3, 2011
- September 26, 2011
- September 12, 2011
- September 5, 2011
- August 29, 2011
- August 1, 2011
- July 11, 2011
- July 4, 2011
- June 27, 2011
- June 20, 2011
- May 23, 2011
- May 9, 2011
- April 26, 2011
- April 18, 2011
- April 14, 2011
- April 5, 2011
- March 28, 2011
- March 21, 2011
- March 7, 2011
- February 28, 2011
- February 21, 2011
- February 15, 2011
- February 7, 2011
- January 24, 2011
- January 3, 2011
- December 20, 2010
- December 13, 2010
- December 6, 2010
- November 21, 2010
- November 14, 2010
- November 8, 2010
- November 1, 2010
- October 18, 2010
- October 4, 2010
- September 27, 2010
- September 20, 2010
- September 6, 2010
- August 30, 2010
- August 16, 2010
- August 9, 2010
- August 2, 2010
- July 26, 2010
- July 19, 2010
- July 12, 2010
- June 28, 2010
- June 21, 2010
- June 14, 2010
- June 7, 2010
- May 31, 2010
- May 24, 2010
- May 17, 2010
- May 10, 2010
- May 3, 2010
- April 26, 2010
- April 19, 2010
- April 12, 2010
- April 5, 2010
- March 29, 2010
- March 22, 2010
- March 15, 2010
- March 8, 2010
- March 1, 2010
- February 22, 2010
- February 14, 2010
- February 8, 2010
- February 1, 2010
- January 25, 2010
- January 18, 2010
- January 11, 2010
- January 4, 2010
- December 28, 2009
- December 21, 2009
- December 14, 2009
- December 7, 2009
- November 30, 2009
- November 22, 2009
- November 15, 2009
- November 8, 2009
- November 1, 2009
- October 26, 2009
- October 12, 2009
- October 5, 2009
- September 28, 2009
- September 21, 2009
- September 14, 2009
- September 6, 2009
- August 31, 2009
- August 17, 2009
- August 10, 2009
- August 3, 2009
- July 27, 2009
- July 20, 2009
- July 13, 2009
- July 6, 2009
- June 29, 2009
- June 22, 2009
- June 15, 2009
- June 8, 2009
- June 1, 2009
- May 25, 2009
- May 18, 2009
- May 8, 2009
- April 27, 2009
- April 20, 2009
- April 13, 2009
- April 6, 2009
- March 30, 2009
- March 23, 2009
- March 16, 2009
- March 8, 2009
- March 2, 2009