Q: Greetings! Is it legal to ask an employee of a company to have 30mins break in a 11 hour shift?
I had to sign a waiver giving up the lunch hour and having 30 mins instead in order to get this job. They monitor my bathroom breaks in those 11 hrs. They expect us to change gear, go to the restroom and eat in 30 mins.
A: The waiver is required for the employer to file with the Puerto Rico Labor Department. As a rule of thumb, a non-exempt employee should get a 1-hour break for every 5 hours worked. Time worked in excess of the five hours is paid at 1.5 x the hourly rate (overtime). If the rest period taken (barring the signed waiver) is less than an hour, the remainder of the lunch hour that was worked is also paid at overtime. To what extent the employer monitors bathroom breaks depends on the reasonability and frequency of the breaks by a given employee. Furthermore, you do not provide information regarding the nature of the job. In a pharmaceutical, for example, clean rooms require minimizing interruptions even for bathroom breaks. If you believe that your employer is being excessive to the point of violating your rights, I advise that you consult a labor lawyer or the PR Department of Labor.
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