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W-2 Shifts Meal and Rest Breaks | For Businesses
W-2 Shifts Meal and Rest Breaks | For Businesses
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Written by Qwick Support
Updated over a week ago

This document provides answers to frequently asked questions about Qwick’s meal and rest break policies for W-2 shifts.


What is Qwick’s meal break policy?

Qwick provides professionals who work W-2 shifts with meal breaks consistent with applicable law. Professionals are provided meal breaks in the following locations, as set forth in the Appendix below:

  • California

  • Colorado

  • Illinois

  • New York

  • Tennessee

For shifts in any other location, Qwick encourages meal breaks when agreed upon by the business partner and professional, but they are not required.

**California professionals only: All professionals (1099 and W-2) must take meal breaks as set forth in the Appendix. Please refer to the California Supplement to Qwick’s Handbook for W-2 Professionals for Qwick’s California meal break policy.

How long are meal breaks?

If you are working a shift in California, Colorado, Illinois, New York, or Tennessee, please see the Appendix below to determine the length of your break.

Short breaks of 20 minutes or less do not count as meal breaks. These must be paid and recorded in our timekeeping system within the Qwick for Professionals app.

Are meal breaks paid or unpaid?

Meal breaks are unpaid. Business partners must ensure professionals are accurately recording their meal breaks in the Qwick for Professionals app.

How do professionals keep track of meal breaks?

Professionals are required to accurately record their unpaid meal breaks in our timekeeping system within the Qwick for Professionals app by clocking out before they begin their meal break and clocking back in after the meal break ends. If a professional is asked to come back to work before the meal break ends, the professional must clock back in from the meal break to ensure their hours are recorded in the Qwick app so they are properly paid for all hours worked. Qwick business partners must ensure that professionals are accurately recording their meal breaks in the app and accurately paid for all time worked.

Can professionals leave the work site during a meal break?

Yes, professionals can leave the site during a meal break as long as they can be back and ready to work when the meal break is over.

Do I need to provide professionals with meal breaks?

If the shift is in California, Colorado, Illinois, New York, or Tennessee, you must provide the professional with a full, complete, and uninterrupted meal break as set forth in the Appendix below. If the shift is in any other location, we encourage you to provide meal breaks if it works for you and the professional, but it is not required.

Am I responsible for ensuring professionals record their meal breaks?

Yes. While Qwick professionals are instructed to accurately record all time worked in our timekeeping system within the Qwick for Professionals app, managers on site must ensure this is happening. You and your team must never instruct a professional to work off the clock. If you believe a professional has not properly recorded all hours worked, including meal breaks and all overtime hours, please direct the professional to do so and contact Qwick support at 79425 as soon as possible.

Can I require a professional to skip or come back early from a meal break?

If the shift is in California, Colorado, Illinois, New York, or Tennessee: No, you cannot require professionals to skip or come back early from meal breaks (unless the professional is in California or Tennessee and has a valid waiver).

If the shift is in any other location: Meal breaks are encouraged but not required, so the professional may skip or come back early from the meal break.

What if a professional enters their meal break incorrectly?

Please direct the professional to contact our support team at 79425 as soon as possible so we can correct the issue.

What if I am unable to offer a professional a timely, complete, and uninterrupted meal break in a location where one is required?

Business partners are required to provide meal breaks to professionals working W-2 shifts in California, Colorado, Illinois, New York, and Tennessee as set forth in the Appendix. We understand, however, that in rare situations this may not happen. If a business partner is unable to provide such a meal break in one of these locations, you must ensure the professional accurately records all worked time in our timekeeping system and notify us as soon as possible by texting our support team at 79425.

Is my business responsible for paying for meal break penalties?

Yes, business partners who do not provide Qwick professionals working W-2 shifts in California, Colorado, Illinois, New York, and Tennessee with meal breaks as set forth in the Appendix will be responsible for paying any meal period penalties applicable under the law.

Can professionals elect not to take their meal breaks?

Professionals can elect to skip or take short meal breaks as follows:

Location

Can Professionals Skip Meal Breaks?

California and Tennessee

Yes, if they have a valid meal break waiver on file

Colorado, Illinois, and New York

No

All other locations

Yes

What if a professional has signed a meal break waiver?

Qwick permits waivers where allowed by applicable law. Currently, only some W-2 shifts in California and Tennessee may be eligible for waivers. If you are unsure of whether a professional has a valid meal break waiver, please discuss it with the professional or contact our support team at 79425.

Will I be billed for the meal breaks?

No, meal breaks are unpaid and do not count towards hours worked. However, if a business does not provide a professional working with a W-2 shift in California, Colorado, Illinois, New York, or Tennessee with a timely, complete, and uninterrupted meal break, the business will be responsible for paying any meal period penalties incurred under the law.

What if I have questions about meal breaks?

If you have questions or concerns, please text our support team at 79425 anytime. We are here to help.

REST BREAK FAQS

What is Qwick’s rest break policy?

Qwick provides professionals who work W-2 shifts with rest breaks consistent with applicable law in the following locations, as set forth in the Appendix below:

  • California

  • Colorado

For shifts in any other location, Qwick encourages rest breaks when agreed upon by the business partner and professional, but they are not required.

Any rest breaks of short duration (lasting between five and 20 minutes) will be counted as “hours worked”. Rest breaks are paid time, so professionals should not clock out for rest breaks.

**California professionals only: All professionals (1099 and W-2) must take rest breaks as set forth in the Appendix below.

How long are rest breaks?

Rest breaks are 10 minutes long, but may be longer if agreed upon by the professional and the business. Rest breaks 20 minutes or less must be paid and recorded in our timekeeping system within the Qwick for Professionals app.

Are rest breaks paid?

Yes, rest breaks are paid. Business partners must ensure professionals are accurately recording their rest breaks in the Qwick for Professionals app.

How do professionals keep track of rest breaks?

Professionals are required to remain clocked into our timekeeping system within the Qwick app during rest breaks.

Can professionals leave the work site during a rest break?

Yes, professionals can leave the site during a rest break as long as they can be back and ready to work when the rest break is over.

What do I do if I have questions about rest breaks?

If you have questions or concerns, please text our support team at 79425 anytime. We are here to help.

What if I am unable to offer a professional a rest break in a location where one is required?

Business partners are required to provide rest breaks to professionals working W-2 shifts in California and Colorado. We understand, however, that in rare situations this may not happen. If a business partner is unable to provide such a rest break, the business partner should provide the professional a full rest break as soon as it is possible to do so. Please notify us if you are unable to provide a rest break by texting our support team at 79425 as soon as possible.

Is my business responsible for paying for rest break penalties?

Yes, business partners who do not provide Qwick professionals working W-2 shifts with rest breaks as set forth in the Appendix below will be responsible for paying all rest period penalties applicable under the law.

Will I be billed for the rest breaks?

Yes, rest breaks are considered paid time.


APPENDIX

MEAL AND REST BREAKS FOR W-2 SHIFTS BY SHIFT LOCATION

Meal Breaks

Qwick provides professionals working W-2 shifts (plus 1099 shifts in CA) with meal breaks consistent with applicable law, as follows. Business partners are expected to ensure these breaks occur.

Location

Meal Break Requirements for W-2 Shifts

California

Meal Break 1: Professionals who work more than 5 hours in a workday are provided with a 30-minute complete, unpaid, uninterrupted, duty-free meal break, which must begin no later than the end of the 5th hour of work.

Meal Break 2: Professionals who work more than 10 hours in a workday are provided with a second 30-minute complete unpaid, uninterrupted, duty-free meal break, which must start no later than the end of the 10th hour of work.

Waiver Permitted: Professionals may opt to waive their first meal break if they work more than 5 but no more than 6 hours. They may also opt to waive their second meal break, but only if they work more than 10 and no more than 12 hours and take a timely and complete first meal break.

Professionals may leave the work premises for meal breaks.

Meal Period Penalties: Professionals who are not provided with a timely, complete, and uninterrupted meal break will be paid a meal period premium (MPP) of 1 hour of their regular rate of pay.

If you were not provided with a timely, complete, and uninterrupted meal break, contact Qwick support as soon as possible at 79425.

Colorado

Professionals who work more than 5 consecutive hours in a workday must take an unpaid, uninterrupted, duty-free 30-minute meal break, which shall be taken at least one hour after the start and one hour before the end of the shift, to the extent practical.

Waiver Not Permitted: Professionals are not permitted to waive their meal breaks in Colorado.

Illinois

Meal Break 1: Professionals who work 7.5 continuous hours or more must take a 20-minute unpaid, uninterrupted meal period, which begins no later than 5 hours after the start of the work period. A meal period does not include reasonable time spent using the restroom facilities.

Meal Break 2: Professionals who work 12 continuous hours or more must take a second 20-minute unpaid, uninterrupted meal period.

Meal Break 3: Professionals who work 16.5 consecutive hours or more must take a third 20-minute unpaid, uninterrupted meal period.

Waiver Not Permitted: Professionals are not permitted to waive their meal breaks in Illinois.

Tennessee

Meal Break 1: Professionals who are scheduled to work 6 or more consecutive hours in a workday must take a 30-minute unpaid break, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. An example would be a person employed in the food + beverage industry or a security guard. The meal break must not occur during or before the first hour of scheduled work activity.

Waiver May Be Permitted on Some Shifts: Professionals who are principally serving food or beverages and who receive and report the tips to Qwick may waive their right to a 30-minute unpaid meal break. Please contact our support team at 79425 if you have questions about meal break waivers in Tennessee.

New York

Professionals must take

  • a 30-minute unpaid meal break between 11:00 a.m. and 2:00 p.m. for shifts six hours or longer that extend over that period

  • an additional 30-minute unpaid meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m

  • a 45-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m.

Waiver Not Permitted: W-2 professionals are not permitted to waive their meal breaks in New York.

All Other Locations

Meal breaks are encouraged if it's possible for the business and professional, but not required.

Rest Breaks

Qwick provides professionals working W-2 shifts with rest breaks consistent with applicable law, as follows:

California

​​Professionals must be permitted to take a 10-minute, paid rest break in the middle of each work period to the extent possible, as follows:

Shift Length (Hours Worked)

Number of Paid 10-Minute Rest Breaks

0 - 3.5

0

3.5 - 6

1

6 - 10

2

10 - 14

3

Colorado

Professionals must be permitted to take a 10-minute, paid rest break in the middle of each work period to the extent possible, as follows:

Shift Length (Hours Worked)

Number of Paid 10-Minute Rest Breaks

0 - 2 hours

0

2 - 6 hours

1

6 - 10 hours

2

10 - 14 hours

3

All Other Locations

Professionals are encouraged to take a paid rest break if it works for the business and the professional, but such breaks are not required.


Date Posted

Version

Description of Change

6/13/24

New

N/A

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