Employment lawyer explains coffee breaks in Ontario

Interview Summary

Does your employer have to pay you during a coffee break or smoke break?

A Spanish court has ruled that an energy giant does not have to pay workers for coffee and cigarette breaks.

Alex Lucifero is an Ottawa employment lawyer and partner at Samfiru Tumarkin LLP. He joined Annette Goerner on CTV Morning Live to explain the rules for break times in Ontario.

Interview Notes

• Paying employees during coffee or smoke breaks: An employer in Ontario is not legally required to provide coffee breaks or smoke breaks during work hours. If the employee stays within the workplace during this kind of break if offered, it is considered working time and they must be paid.
• Employer refuses to provide 30-minute break: An employee can ask the Ministry of Labour to investigate the matter and resolve the dispute.
• Referencing breaks in contracts: Employers should be very clear about their rules concerning coffee breaks and smoke breaks. Expectations surrounding office breaks should be thoroughly laid out in any company policy or employee handbook. Company policy may also be outlined in an employment contract.