There are currently no federal laws that require an employer to provide rest or meal breaks to their employees during the working day. In addition, the Fair Labor Standards Act (FLSA), the federal wage and hour law, does not require employers to provide meal or rest breaks.
Because of this, some states have implemented their own laws that require these breaks to be provided. Even if there is not a state law in place, based on common practice, many employers will provide their employees with rest or lunch breaks.
Whether or not these breaks are paid breaks or unpaid breaks will depend largely upon the employer’s discretion. Approximately fewer than half of the states require an employer to provide a meal break.
If a worker is allowed meal or rest breaks, employers are not required to pay for those breaks unless:
- The state law requires paid rest breaks;
- The rest break is only 20 minutes or less while the employee is on shift;
- The employee is required to work through their break; and
- For meal breaks, the employer is not required to pay for breaks that last over 20-30 minutes;
- However, if an employee is required to eat while doing work, the employee must still be paid for the entire amount of time spent working.
When Must a Worker Receive a Meal Break?
The rules for meal breaks provide that if an employee has worked for more than five hours in their shift:
- The employee must be provided at least a 30-minute meal break;
- The employee must be at least 2 hours into their shift before their meal period can begin; and
- The meal period cannot begin more than 5 hours after the start of the employee’s shift.
In states where meal breaks are mandatory under local employment laws, employees are provided a half-hour meal break after they have worked more than five or six hours. It is important to note that this does not apply to the broadcasting and motion picture industries.
A worker’s meal period may be waived by mutual consent if their work period lasts less than six hours. Unless a worker is completely relieved of their duties, the meal period has to be considered time worked and, therefore, must be paid.
If an employee is required to eat their meal on the premises, the employer must provide a suitable location for that purpose. Employers are required to provide a second meal break of no less than 30 minutes if the employee works more than 10 hours per working day.
If the total hours the employee worked do not exceed 12 hours, the second meal period may be waived by mutual consent of the employer and the employee. It is important to note that a second meal period waiver will only be valid if the first meal period is not waived.
In addition, there are different state laws that may govern these issues based on different occupations or types of employment. For example, the requirements for factory workers may be different from those who work in childcare.
Different rest and meal break rules also apply to workers who are minors. For example, in Delaware, an employer must provide a minor with a 30-minute meal break after they have worked five hours.
This is different from adult workers who receive a 30-minute meal break after working a minimum of seven and a half hours. There are also some states that provide special break rules for all minors.
In other states, special break rules may only apply to employers who are 15 years old or younger.
When Must a Worker Get a Rest Period?
An employee must be permitted to take a rest period for at least ten minutes after they work for hours. Workers can take paid rest breaks of at least ten minutes for every four hours worked.
In addition, the employer is required to pay the employee for this rest period. These breaks can be used for any purpose the employee chooses.
It is important to note, however, that rest breaks are subject to whatever policies the employer has established. Generally, for the time period to qualify as a rest break, the employee must be fully relieved of their work duties.
What State Laws Are Available for Meal and Rest Breaks?
There are more than 20 states that have laws requiring employers to provide meal breaks to employees during their work day. For example, in California, employers cannot employ workers for a period of more than five hours a day without providing them with a 30-minute meal break.
States that require employers to provide rest breaks include, but may not be limited to:
- California: State law requires a 10-minute break for every four hours worked if the work day is at least five hours long;
- Colorado: State law requires a 10-minute break for every four hours worked;
- Kentucky: State law requires an employee to have a 10-minute break for every four hours worked;
- Minnesota: State law requires employers to provide a reasonable amount of time in a four-hour period in which to use the restroom;
- This interpretation essentially provides employers with complete discretion;
- Nevada: State law mandates one 10-minute break for every four hours of work;
- Oregon: State law mandates a 10-minute break every four hours worked;
- Vermont: State law requires employers to provide reasonable opportunities during work periods for employees to use the restroom; and
- Washington: State law mandates a 10-minute break every four hours of work.
Do I Get Paid for Meal and Rest Breaks?
As noted above, if an employee is required to continue working while they are on their break, they must be paid for that time. If, however, they are completely relieved of their work duties during their meal break, they are entitled to be paid for that time.
Are Workers Injured During Lunch or a Break Covered by Workers’ Compensation Insurance?
If an employee is injured during their lunch break, it is generally considered to be outside the scope of the employment relationship unless the employee was not completely relieved of their duties during that lunch hour. In addition, the nature and place of the injury will be considered.
Employees who are injured during breaks are more likely to be considered to be within the scope of employment. Therefore, they are eligible for workers’ compensation insurance as opposed to employees who are injured at lunch.
What Type of Claim Could I Make?
Denying employees lunch and rest breaks may be a violation of wage and labor laws. Additionally, an employee may be able to claim back wages for as long as their breaks were denied, which may constitute overtime pay.
An employee may not be allowed to take any legally required breaks or if they are required to work through the breaks without getting paid. If that is the case, they can contact the state’s labor department in their state in order to file a claim.
Should I Contact a Lawyer?
If you have any issues, questions, or concerns related to rest and meal breaks at your work, it is important to consult with an employment lawyer. If you believe that your employer may have violated the laws governing these breaks, your lawyer can help.
You might be an employer who is unsure exactly what breaks you are required to provide or pay for. If so, it is important to consult with a lawyer to ensure you are in compliance with all applicable employment laws. If a dispute arises between you and an employee, your lawyer can help you defend against the claim.
