OTA Dispatch Issue 2, 2021

21 www.ortrucking.org Issue 2 | 2021 utilizes the full 30-minute period. If an employee even inadvertently clocks in a minute early, and without the employer’s knowledge, the employee can sue for a penalty wage reflecting the 30 minutes of their time. Furthermore, the employer is also liable for additional penalties, which could include 30 days of wages, prejudgment interest and attorney’s fees. OTA is supporting Sen. Betsy Johnson’s -A3 amendments to HB 2818 A, which would solve this issue by establishing that a meal period shortened by five minutes or less doesn’t constitute a violation if the employer didn’t shorten and encouraged an uninterrupted mealtime. The bill was scheduled for a work session on May 25. This legislative update is provided by Oxley and Associates.