In many jurisdictions, laws exist regarding how long non-exempt employees can work without taking a break. For example, in many US states, employees must take one half-hour unpaid meal break if they work a shift of 6 or more hours.
If you use TimeAttend QuickStart or Plus, or Workforce Management, you can use break rules to track whether employees are taking their assigned breaks correctly. If a break violation occurs, you can alert the employee with a message that displays when their timesheet is saved, or when they next punch in or out.
There are four reasons to set up break rules in Replicon:
Replicon has default break rules you can use to enforce breaks. QuickStart users cannot modify these rules in any way, but Plus users can change the rules’ parameters to match their requirements.
If you use Workforce Management, you can update the default rules, or create custom rules. Contact your Customer Success Manager for more information.
To view or update the default rules:
If the rule is for timesheet users, go to Administration > Timesheets > Timesheet Validation Rules and click Meal Break Enforcement.
The break rule displays, with default minimum break length and timing requirements listed.
You don’t have to update the descriptions that appear on the left, but we recommend you do so to avoid confusion.
This message displays as a warning to employees when they haven’t entered their break times according to the defined rule.
In California, if a break violation occurs, the employer is required to pay the employee a penalty. This penalty is a pay premium equal to 1 hour at the employee’s regular pay rate, unless the penalty is waived.
A break violation occurs when an employee doesn’t take a break correctly, as defined by their assigned break rule – the break was either too short, too late, or was missed.
To set up a break penalty:
Any employee assigned this pay rule in their user profile will be paid the 1 hour premium each time they violate their assigned break rule, unless they waive the penalty. As per California law, they are only entitled to this premium once per shift, even if multiple violations occurred.
In California, if a break violation occurs, the employer is required to pay the employee a penalty. This penalty is a pay premium equal to 1 hour at the employee’s regular pay rate.
For some violations, however, the employee has the option to waive the violation and payment of that break penalty.
Break penalties can be waived for shifts that are between 5 and 6 hours long. And, if a shift is between 10 and 12 hours long, the employee’s second meal break may be waived, but only if the first meal break was not waived.
Employees may not waive the penalty for any other shifts. For example, if a break violation occurs during a 6.5 hour shift, the meal break penalty must be paid.
You can use Replicon to allow employees to waive the violation penalty. Only punch employees can be given this option.
To allow employees to waive applicable penalties:
When a violation occurs that is eligible to be waived, the next time the employee punches in or out, they will be prompted with a message stating a violation has occurred, followed by the statement: Do you want to waive this penalty? and two option buttons labeled: Waive or Do Not Waive.
If the employee chooses to not waive the penalty, they will be paid the penalty, providing the Pay Meal Break Penalty option is set to On in their pay rule.
You can use reports based on the Time Punch Details template to track waivers. That template shows the punch that prompted a waiver message, and how the employee responded.
No. While you can create shift schedules that include breaks and assign them to employees, break enforcement is always based on the break rule assigned, and when the employee actually punches in and out, so no schedule needs to exist in Replicon.
Employees are entitled to the premium if a break violation occurred, regardless of what caused the violation. But, they might choose to waive the penalty if they know they are at fault for the missed or short break – for example, if they refused the break or forgot to take it.
No. The penalty defaults to 1 hour at the employee’s regular rate.
No, it’s not currently possible to do that.
If you need to validate exactly when employees start and end breaks, you should set them up as punch users.