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Meal & Rest Break Compliance

The results of our studies provide guidance to clients and counsel about how to address issues of both class certification and merits, and have been used to design self-audits and other measurement tools to monitor and improve compliance efforts.

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Overview

Scientifically sound.

BRG Labor and Employment experts have substantial experience regarding the complex issues associated with meal and rest break compliance. The results of our studies provide guidance to clients and counsel about how to address issues of both class certification and merits. The results of BRG studies are also frequently used during active litigation and have been used to design self-audits and other measurement tools to monitor and improve compliance efforts.

Our job studies provide in-depth, detailed information about frequency of missed meal and rest breaks, as well as reasons for missed breaks. The results directly address key issues associated with compliance with applicable state and federal meal and rest break laws. This is especially important because laws differ across states. In addressing this variation, our experts evaluate factors including organizational structure, company policies and procedures, timecard reporting, company audit procedures, histories of complaints, and responses to potential violations.

We use several methodologies to conduct investigations: survey questionnaires; interviews or focus groups with incumbents and their supervisors and managers; reviews of company documents and records; observations of job incumbents; and analyses of payroll records, POS data, and timesheets. Following analysis and review, our experts make recommendations to clients regarding changes in organizational and work processes to address compliance with meal and rest break laws.

Meal and Rest Break Survey

Our experts and professional staff develop scientifically sound employee-experience surveys that ask hourly employees about aspects of their work, including their experience with meal and rest breaks. We examine the extent to which employees are offered and actually take meal and rest breaks, the extent to which employees are prevented from taking such breaks, and other reasons why employees do not take such breaks, if applicable.

Time-Record Analysis

Many Human Resources Information Systems (HRIS) keep detailed time records to track when employees clock in and out. HRIS data may also be used to evaluate meal break compliance. Statistical analysis can determine whether employees regularly clock out for meal breaks and whether meal breaks meet the minimum required length. More-detailed analyses may also determine whether patterns exist that may be helpful in pinpointing areas of non-compliance, which can be useful in assessing liability and maintaining ongoing compliance.

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