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A rest period is not required for nonexempt employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and a company pays for such periods. Since nonexempt employees are paid for their rest periods, a company can require them to remain on the company’s premises during such periods.
If the company fails to provide a nonexempt employee a rest period, the company must pay the nonexempt employee one additional hour at the nonexempt employee's regular rate of pay for each workday that the rest period is not provided. In other words, if the company does not provide all of the rest periods required in a workday, the nonexempt employee is entitled to one additional hour of pay for that workday, not one additional hour of pay for each rest period that was not provided during that workday.
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