Bathroom Break Laws in the Workplace

Regular breaks are an important part of keeping our minds fresh when we’re working. Insufficient breaks result in high levels of stress and less productive workers. While employers obviously do not want their employees to waste all their time in the workplace on breaks, it’s still important to accommodate the occasional rest period. If you feel your employer has broken the law by making employees take illegal breaks, contact the Los Angeles employment attorneys at Mathew & George today.

Clocking Out for Breaks

The concept of clocking out to take your break likely doesn’t seem strange to you. After all, when you’re not completing work, there’s no sense in being paid. This is especially true if you’re stepping away for an extended period for lunch.

However, there are limits to clocking out to take a break. According to federal law, an employer must pay his or her employees for breaks of twenty minutes or less. This practice is to avoid wage theft, which is when employers institute policies that take small fractions of their employee’s paychecks over little things like breaks. The result: extended loss of small portions of wages leads to much greater losses over time.

As such, employers cannot discourage their workers from taking breaks or using the restroom by making employees clock out to do these activities so long as they fall under the federal time limit. In addition, California entitles employees to a paid ten-minute break every four-hour period. So how do trips to the restroom fit into these laws?

Bathroom Breaks Are Not Part of the Mandated Rest Period

Many people consider their break time as a prime opportunity to take a trip to the restroom. However, the mandated ten-minute rest period is in addition to time an employee uses to go to the bathroom. For example, if an employee spent five minutes using the restroom, he or she would still have ten minutes of rest time available for the paid period.

California doesn’t regulate the use of bathroom time for employees. However, that doesn’t mean an employee can go to the restroom frequently without any repercussions.

Employers Limiting Employee’s Use of the Restroom

As mentioned, employers cannot discourage employee’s use of the restroom by reducing parts of his or her wages. However, regular restroom use during work hours is a privilege. If an employee is taking excessive trips to the restroom and disrupting the workflow, then the employer may step in and set limits.

Some companies set a level of permissible time spent in the restroom per shift as their standard. The law doesn’t define what counts as an appropriate standard for this sort of regulation. However, if employers do establish unreasonable restrictions, employees may file a complaint with the Occupational Safety and Health Administration (OSHA), which will then investigate the case.

Accommodations for Employees With Disabilities Requiring Increased Bathroom Use

Not everyone falls into the same level of need to use the restroom. For those with certain disabilities and health conditions, they may need to drink more water to stay hydrated or use the restroom on a more frequent basis. If a company does have set limits on restroom times, then it must accommodate the medical needs of its employees.

Employees should inform their employers of any medical conditions that necessitate these exceptions. Likewise, employees should keep all supervisors informed of such accommodations to prevent the potential for misunderstandings. Otherwise, an employee may have an unfortunate experience – and the employer could face major legal ramifications.

While many people don’t find talking about using the restroom an appealing topic, it’s one that we can’t ignore when it comes to proper workplace conduct. Employers should set reasonable rules, while employees shouldn’t take advantage of their privileges. When everyone behaves appropriately, the workplace can be a more productive and welcoming place.