CalifChick
Posts: 10717
Joined: 10/28/2007
From: California
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Breaks are not mandatory in Kansas. The fact that many employers provide them is irrelevant. Breaks are mandatory in some other states.
All of this information is found by googling "kansas labor laws". That is, if you're in Kansas.
Federal info: Although there are no Federal and few state laws that require employers to give bathroom breaks, the Federal Occupational Safety & Health Administration (OSHA) has interpreted a section in its Sanitation Standard, to mean that it "...requires employers to make toilet facilities available so that employees can use them when they need to do so. The employer may not impose unreasonable restrictions on employee use of the facilities."
OSHA further clarified its interpretation in a letter dated April 23, 2003. Additionally, one of OSHA's Safety and Health Guides entitled "Extended/Unusual Work Shifts" recommends that "Additional break periods and meals should be provided when shifts are extended past normal work periods."
Even though giving rest or meal breaks is not required under Federal labor law and the labor laws in most states, many employers do so anyway in accordance with industry (and OSHA) standards. Industry-standard breaks typically range from 5 to 30 minutes each.
If employers do voluntarily give rest or meal breaks in states without related law provisions, then the work breaks are at least somewhat regulated by the Federal Fair Labor Standards Act (FLSA).
Rest Breaks
Under the FLSA, employers who do have a policy of giving one or more short rest breaks of about 20 minutes or less, must pay employees for their time while on such work breaks.
In other words, the FLSA does not require employers to give rest breaks of any length. But, if employers give short rest breaks anyway, under the FLSA the work breaks are counted as time for which employers must pay employees. If authorized rest breaks extend work hours into overtime, under the FLSA employers must pay the overtime to eligible employees. Meal breaks are the only exception to these rules. More information about meal breaks is below.
Employers do not have to pay employees for taking unauthorized work breaks or extending authorized work breaks without permission, if employers have previously made it clear that doing so is not allowed and punishable. For example, a clear statement in an employee policy manual might be considered by a court to be sufficient.
The Federal Americans with Disabilities Act (ADA) or state equivalents might indirectly require employers to reasonably grant or occasionally extend work breaks for disabled workers, such as bathroom breaks. Employers must reasonably accommodate workers who are protected by the ADA.
States may enact laws that have the same or better work break provisions than those in the FLSA. But, as previously indicated, only a few states have laws that include provisions for rest breaks or any other type of work breaks.
More info here: http://employeeissues.com/breaks_meals.htm
Cali
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AKA "The Undisputed Goddess of Sarcasm", "Big Bad Cali" and "Yum Bum". Advisor to the Subbie Mafia, founding member of the W.A.C. and the Judgmental Bitches Brigade, member of the Clan of the Scarlet O'Hair-a's and Team Troll
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Is there a law on length of time between shifts? - 
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