CHAPTER FOUR: EMPLOYMENT CONDITIONS 4.1

C. Breaks and Meal Periods

Westmont College complies with federal and state legal requirements concerning meal and rest periods. The college authorizes and permits at least a 30-minute meal period to employees who work more than five hours, unless they work six or fewer hours total and voluntarily elect in writing to waive the first meal period. A second 30-minute meal period is provided to employees who work more than 10 hours in a workday, unless they work twelve or fewer hours total, did not waive the first meal period, and voluntarily elect in writing to waive the second meal period. Employees should take their first meal period before the end of the fifth hour of work and should take their second meal period before the end of the tenth hour of work. Meal periods cannot be taken at the beginning or end of shifts. Employees will be relieved of all of their dutiesduring meal periods and are allowed to leave the campus.

Meal Waiver 6 hrs

Meal Waiver - 2nd Break

Meal and Rest Period Penalty Authorization

Meal periods are provided according to the following schedule:

Duration of Shift in Hours
# Meal Periods
Comments
0 – < 5.0 0 Employees who work five hours or fewer in a workday are not required to be provided with a meal period.
> 5.0 – < 10.0 1 Employees who work more than 5 hours, but who work less than ten hours in a workday are provided with a 30-minute meal period available before end of 5th hour of work, unless the employees are working six or fewer hours and elect in writing to waive the first meal period.
< 10.0 2 Employees who work ten or more hours in a workday are provided with a second 30-minute meal period available before end of 10th hour of work, unless the employees are working twelve or fewer hours, and did not waive the first meal period, and elect in writing to waive the second meal period. 

Any non-exempt employee who is required to work through some or all of a 30-minute meal period or who is required to take their meal period later than the fifth hour of a workday should complete a meal period penalty form and submit it to his/her supervisor. Otherwise, it will be assumed that any employee who fails to record a timely meal period, or who records a less-than-30-minute meal period, did so voluntarily

Rest Periods

Non-exempt employees are authorized and permitted to take a 10 minute paid rest period for every four (4) hours worked, or major fraction thereof.  The college authorizes and permits rest periods according to the following schedule:

Duration of Shift In Hours # of 10  Minute Rest Periods
Comments
0 – < 3.5 0 Non-exempt employees who work less than 3.5 hours in a workday are not required to be offered a rest period.
> 3.5  – < 6 1 Non-exempt employees who work 3.5 hours or more in a workday, but who do not work more than 6 hours in a workday are authorized and permitted to take one 10 minute rest period.
> 6.0  – < 10.0 2 Non-exempt employees who work more than 6 hours in a workday, but who do not work more than 10 hours in a workday are authorized and permitted to take two 10 minute rest periods.
> 10.0  – <  14.0 3 Non-exempt employees who work more than 10 hours in a workday, but who do not work more than 14 hours in a workday are authorized and permitted to take three 10 minute rest periods.

Whenever practical, employees should take their rest periods near the middle of each four-hour work period.  Rest periods may not be accumulated or used as a basis for starting work late, leaving early, or extending a meal period. Any non-exempt employee who is not authorized and permitted to take a rest period as stated above should complete a rest period penalty form and submit it to his/her supervisor to ensure s/he is properly compensated. 

If non-exempt employees do not submit a rest period penalty form with their timesheet, it will be assumed they either took their rest period(s) or voluntarily waived them.

Non-exempt employees are expected to take their meal and rest periods in accordance with the applicable guidelines in this policy.  Supervisors are expected to make meal and rest periods available to their employees in accordance with this policy.  Supervisors can schedule specific meal and rest periods for their employees, taking into account departmental operational requirements and employee needs.  Meal periods may be staggered so operations are not compromised, so long as the guidelines in this policy are met.  

Non-exempt employees who work more than 14 hours in a workday may be entitled to additional rest breaks.

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