Can my employer force me to clock out to use the restroom, and consider this an unpaid break??

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Can my employer force me to clock out to use the restroom, and consider this an unpaid break??

We are being required to clock out when
we need to use the restrooms. This time
is being deducted from our total hours
worked. Can they legally do this in
Kansas??

Asked on May 8, 2017 under Employment Labor Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Making employees clock out to use the bathroom is legal. The Fair Labor Standards Act (FLSA) doesn’t require companies to pay for breaks that are under 20 minutes. And KS folloes federal lawwhich states that employers are not required to provide any breaks. However, an employer who chooses to provide a meal break of less than 30 minutes must pay the employee for that time but doesn’t require employers to provide rest breaks, paid or otherwise.


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