MARYLAND GENERAL ASSEMBLY CONSIDERING BILL TO MANDATE WORK BREAKS

Currently pending in both chambers of the Maryland General Assembly are identical bills that would require employers of 50 or more employees in Maryland to provide employees with rest breaks after four hours of work. Currently, Maryland has legislated rest breaks only as to minors.

What the Bills Would Require

The so-called "Shift Breaks" bills (HB 16/SB 660) would require covered employers to provide 15 minute nonworking shift breaks to employees working between four and six consecutive hours. Although the legislation is silent on whether this is a "paid" break, the Federal Department of Labor takes the position that a break of only 15 minutes duration must be paid. Hence, the Maryland-mandated 15 minute break would be a paid break. Employees could waive the 15 minute break by voluntary written agreement, but only if the employee worked less than six consecutive hours. The proposed legislation also mandates that employees be given a 30 minute nonworking shift break after six consecutive hours of work. Under federal law, 30 minute breaks need not be paid.

There are some exceptions to the break mandate, but they are narrow. Shift breaks would not have to be provided in the case of "an emergency that poses an immediate threat to public safety." Select groups are expressly exempted from the proposed mandate (entities licensed by certain state agencies) and the Commissioner of Labor is given regulatory authority to exempt defined categories of employers from the break requirements. Finally, a "working shift break" would be permitted for employees whose work is of the type that prevents them from being relieved if (1) they are permitted to consume a meal while working during the break (and are paid for the break time) and (2) the employee and employer mutually agree to the arrangement in writing. Absent such agreement, the employees would be entitled to a break regardless of whether their employer could relieve them.

Employees whose shift break rights were violated could sue their employers under the proposed law. Remedies would include backpay, injunctive relief, and attorneys' fees. In 1999 California enacted a shift-break law and since then class action lawsuits against employers for violations have proliferated.

Status of the Bills

Testimony on the bills was presented in both the House (before the Economic Matters Committee) and the Senate (before the Finance Committee) earlier this month. A number of employer groups (including the Maryland Chamber of Commerce) are lobbying against the bill.It is unclear whether the bill has the votes to secure a favorable report from the Economic Matters Committee. The Governor strongly supports the bill.

Next Steps

The bills must receive favorable votes by both committees in order to be voted on by the full House and Senate. Last session similar legislation failed to receive a favorable vote in the House Economic Matters Committee and thus "died" in committee. Employers that are concerned about the bill may wish to contact their representatives in the General Assembly to explain how the bill would impact their businesses.

March 20, 2009

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