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US timesheet break reporting

When a payment request is submitted with a timesheet in the United States, the worker will be asked to confirm a break attestation. This page explains what that means, what breaks workers are entitled to, and what to do if something goes wrong.

Written by Hans Peter Nielsen

Why This Exists

As an employer of record, Worksome Payroll Services, Inc. is legally responsible for ensuring workers receive all meal and rest breaks required by the law of the state where they work. The attestation on the timesheet is how we document that those breaks were offered and taken. Accurate records protect workers, clients, and Worksome, and are required under federal and state law.

For full details on the employment relationship and applicable state and local policies, see the Worksome EoR Policies.

What the Attestation Confirms

For workers in California and New York, when a worker submits their timesheet, they confirm all of the following:

  1. I have accurately recorded all hours worked, and any overtime worked was approved in advance;

  2. I was provided the opportunity to take all required meal breaks and rest breaks required by the law of the state in which I performed work during this pay period;

  3. any meal break I took was uninterrupted and off-duty for its full duration, and I did not perform any work during any unpaid meal break or rest break; and

  4. if I was unable to take any required meal or rest break, or if I performed any work during an unpaid break, I will report it through Worksome's reporting process.

Break Entitlements

Break entitlements vary by state. Full details of the meal and rest break requirements applicable to each worker's state are set out in the Worksome EoR Policies and the Worksome Employee Handbook (Addendum A to the Employment Agreement).

Workers who are unsure what breaks they are entitled to in their state should review those documents or contact their Worksome contact before submitting their timesheet.

What To Do If a Break Was Missed

If a worker was unable to take a required meal or rest break, or if a break was interrupted, this must be reported by using the provided link to the form in the attestation.

Questions?

For questions about break entitlements or how to report an issue, contact your Worksome contact or reach out to us at us-payroll@worksome.com.

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