Before You Begin: Break attestation must be configured in Pay Setup > Time Entry Policy in the Break Attestation tab for this pay rule to function correctly. See Break Attestation.
You can use this rule to pay employees break penalty premiums when they don’t take a rest period. It’s used in conjunction with break attestation functionality in Dayforce where employees and managers can attest to missing their rest periods in their timesheets and when clocking out on clocks.
This pay rule was created to be in compliance with California state laws, but can be configured by any organization that wants to enable break attestation. You can define the logic for paying the break premium, including which pay rates are assigned to the premium, the number of breaks that are eligible, and if split shifts are eligible.
| Setting | Description |
|---|---|
| Premium pay minutes | The number of minutes that the break premium is effective for. |
| Premium pay rate | The pay rate to assign to the break premium. |
| Premium pay code | The pay code to assign to the break premium. |
| Premium pay category | The pay category to assign to the break premium. |
| Pay code eligible for break Pay code ineligible for break |
The pay codes that are eligible and ineligible for breaks. |
| Pay category eligible for break Pay category ineligible for break |
The pay categories that are eligible and ineligible for breaks. |
| Pay code eligible for work Pay code ineligible for work |
The pay codes that are eligible and ineligible for work. |
| Pay category eligible for work Pay category ineligible for work |
The pay categories that are eligible and ineligible for work. |
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Note: The following four settings apply only when FLSA is selected in the Premium pay rate drop-down list. |
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| Pay code eligible for FLSA Pay code ineligible for FLSA |
The pay codes that are included or excluded in the FLSA calculation. |
| Pay category eligible for FLSA Pay category ineligible for FLSA |
The pay categories that are included or excluded in the FLSA calculation. |
| Multiple premium per day | Pay multiple premiums based on the number of missed breaks. For example, if two breaks are missed, then two premiums are paid. |
| Evaluate breaks over total worked minutes in a shift | Calculate the total worked minutes for the entire shift within the contiguous period. The worked minutes aren’t reset by shift segments that don’t count as worked time. Dayforce then calculates the number of breaks the employee is entitled to during their shift by dividing the total worked minutes by the minimum worked minutes, rounded down to an integer. |
| Pay Premium based on Multiple Break Attestation |
Select this checkbox when your time entry policy is configured with multiple break attestation. When multiple break attestation is enabled and an employee reports that they missed more than one break during a shift, the rule evaluates whether the employee is eligible for more than one premium when the employee has valid missed breaks. Additionally, when this setting is configured, the rule evaluates the number of breaks taken as specified by the employee or manager only after they attested missed breaks in timesheets or on a clock. The rule doesn’t evaluate breaks that require an employee to clock in and out. Important: When your time entry policy is configured to support multiple break attestation and this checkbox is selected, the Attestation Type Required setting in Pay Setup > Time Entry Policy in the Break Attestation tab shouldn’t be set to No Attestation. In a scenario where the settings are configured this way, the rule can’t detect employee and manager attestations when evaluating eligibility and employees won’t be granted premiums for missed breaks. When this checkbox is selected, the Multiple premium per day checkbox should also be selected so that eligible employees are paid the correct number of premiums. Note: If this checkbox and the Break is taken in the block of time checkbox are selected, Dayforce ignores the Break is taken in the block of time settings and the rule doesn’t pay premiums for any missed breaks that take place during the configured block of time. Further, when this checkbox is selected, the rule ignores the Pay code eligible/ineligible for break and Pay category eligible/ineligible for break settings. When you select this checkbox and a contiguous period has multiple shifts, only the shifts with attestations will be considered for premiums. For example, if a contiguous period has two shifts and an employee attests that they missed a break in the first shift, only the first shift will be evaluated by the rule and considered for a premium. |
| Assign premium to clock out | Use the shift clock out time as the premium’s start time. |
| Break is taken in the block of time |
Check if a break is taken during the time specified in the Block length field. This checkbox is cleared by default. Whether the block of time is continuous or is reset when it reaches a segment of unworked time is determined by the Evaluate breaks over total worked minutes in a shift checkbox. When selected, the block of time is continuous and isn’t reset by any segment which doesn’t count as work. Note: If this checkbox is cleared, the rule ignores any values entered in the Block length, Minutes worked in first block, and Minutes worked in second and subsequent block fields. |
| Block length | The length of the block, in minutes. For example, say that you enter 240. If an employee works from 12:00 PM to 8:00 PM, their shift has two blocks: the first from 12:00 PM to 4:00 PM and the second from 4:00 PM to 8:00 PM. |
| Minutes worked in first block | The number of minutes employees must work in the first block to qualify for a break. The Pay code eligible for work, Pay code ineligible for work, Pay category eligible for work, and Pay category ineligible for work settings are used to determine the total number of minutes worked. For example, say that you enter 230 in this field and 240 in the Block length field. With this configuration, the rule checks if an employee worked 230 minutes in the first 240-minute block. If yes, the rule checks if the entire break was taken in the first block. If a break wasn’t taken, a break premium is awarded. |
| Minutes worked in second and subsequent block | The number of minutes employees must work in the second and subsequent blocks to qualify for a break. For example, say that you enter 230 in this field and 240 in the Block length field. With this configuration, the rule checks if an employee worked 230 minutes in the second or subsequent 240-minute blocks. If yes, the rule checks if the entire break was taken in the second or subsequent blocks. If a break wasn’t taken, a break premium is awarded. The Pay code eligible for work, Pay code ineligible for work, Pay category eligible for work, and Pay category ineligible for work settings are used to determine the total number of minutes worked. |
| Use raw clocked time for calculating Shift length | Ignore the clock entry rounding settings of your time entry policy and use raw clock entry times when determining an employee’s shift length. |
| Use raw clocked time for calculating Meals and Breaks length | Ignore the clock entry rounding settings of your time entry policy and use raw clock entry times when determining meal and break lengths. |
| Apply offset for minimum worked minutes |
Offset the minimum worked minutes used to determine when the employees qualify for a premium. You can configure the number of minutes to offset the calculation by in the Offset for Minimum Worked Minutes field in Pay Setup > Time Entry Policy in the Break Attestation tab. Note: The Major Fraction Allows checkbox must be enabled in Pay Setup > Time Entry Policy in the Break Attestation tab for the Apply offset for minimum worked minutes setting to work properly. |