Question: Can You Make Employees Clock Out For Bathroom Breaks?

Can an employer make you clock out to go to the bathroom?

Pursuant to the Fair Labor Standards Act (“FLSA”), the answer is unequivocally no.

Specifically, the FLSA at 29 CFR 785.18 provides: “Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry.

Is it illegal to clock out for bathroom breaks?

A federal judge ruled that their employer, American Future Systems Inc., has to pay up for making them clock out for bathroom breaks. But surprisingly, making employees clock out to pee is technically legal. The Fair Labor Standards Act (FLSA) doesn’t require companies to pay for breaks that are under 20 minutes.

Do employees have to clock out for breaks?

As stated in the discussion above, the FLSA states that breaks of 20 minutes or less must be compensated. Breaks of more than 20 minutes are not required to be compensated under federal law. Often, that means employers can lawfully require employees to clock out for meal breaks of 21 minutes or longer.

How long can an employee be in the bathroom?

As a general rule, one restroom is required for up to 15 employees, six facilities per 150 workers, and an additional fixture for every 40 employees beyond that. Additionally, bathrooms should be placed no further than a quarter mile from employees in all industries.