Legal Question in Employment Law in Michigan

Re: compensated break time

This question suggests that the employee is not paid for the break time. An employer may require that an employee take an unpaid break, but the employee must be allowed to use the time for him/her-self. An employer must compensate an employee for any time during which the employee is present for the convenience of the employer. If the break is only to substitute one kind of work for another, then it is not an uncompensated break.

This does not mean that the employer must allow the break to be taken off site, and some Michigan courts have ruled that an employer may require the employee to take an uncompensated break but remain on the employer's premises. The particular facts concerning the break and the required work must be considered, in order to advise an employee about his/her rights and obligations.

You should contact an attorney or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.