In the United States, federal law does not require employers to provide their employees with meal or rest breaks. However, if an employer chooses to offer short breaks, typically lasting between 5 and 20 minutes, federal law considers these breaks as paid work hours. Meal breaks, which usually last at least 30 minutes, are not considered work time and are not required to be compensated.
While there are no federal laws mandating meal or rest breaks, some states have their own laws requiring employers to provide either paid or unpaid rest breaks, meal breaks, or both. These laws vary from state to state, and it is important for employers and employees to stay up-to-date on the specific regulations in their state.
Characteristics | Values |
---|---|
Federal law requirement for meal or rest breaks | No federal law requires companies to offer breaks during work hours for meals or any other purpose. |
Breaks for minors | Employees under the age of 16 must receive a 30-minute meal/rest break if they are working for 5 consecutive hours or more. |
Breaks for adults | Employees over the age of 16 are not required to take breaks. |
Breaks for nursing mothers | Nursing mothers are entitled to reasonable break time to express breast milk. |
Breaks under 20 minutes | Breaks under 20 minutes are considered part of the workday and must be paid. |
Breaks of 30 minutes or more | Breaks of 30 minutes or more can be unpaid if the employee is relieved of all work duties. |
What You'll Learn
Federal law does not require breaks, but if given, short breaks are paid
Federal law does not require employers to provide their employees with any breaks, including lunch or coffee breaks. However, if an employer chooses to offer short breaks, usually lasting 5 to 20 minutes, federal law considers these as paid work hours. This means that the break time should be included in the total number of hours worked during the workweek and considered in determining if overtime was worked.
On the other hand, meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensated. These meal breaks can be unpaid as long as the employee is relieved of all work duties.
It is important to note that federal law does require employers to provide reasonable break time for nursing mothers to express breast milk. Additionally, employers must provide a private space, other than a bathroom, for nursing mothers to use during their break.
While there is no federal mandate for breaks, some states have laws requiring meal and rest breaks. These laws vary from state to state, and non-compliance can result in fines and lawsuits. In states without specific break laws, the aforementioned federal standards automatically apply.
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Meal breaks are unpaid if they last over 30 minutes
In the United States, federal law does not require employers to provide their employees with meal or rest breaks. However, if an employer chooses to offer short breaks, usually lasting between 5 and 20 minutes, these breaks are considered compensable work hours and must be paid. On the other hand, meal breaks, typically lasting at least 30 minutes, are not considered work time and are not compensable. In other words, meal breaks are unpaid if they last over 30 minutes, as long as employees do not work during that time.
While there is no federal mandate for meal breaks, some states have laws requiring employers to provide either paid or unpaid meal and rest breaks. These laws vary from state to state, and in some cases, only apply to minors or specific industries. For example, in California, employers must allow employees who work more than five consecutive hours to take a meal break of at least 30 minutes. In Connecticut, a similar requirement exists for employees working 7.5 or more consecutive hours.
It is important to note that employers who choose to provide meal and rest breaks but fail to do so may be in violation of the Fair Labor Standards Act (FLSA) and may be penalized. To avoid this, employers can implement policies such as mandating that employees take unpaid meal breaks away from their desks. Additionally, employers must also allow and pay for restroom breaks, even if they are not explicitly addressed in a company's policies.
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Breaks are only required for nursing mothers
In the United States, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, the Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for nursing mothers to express breast milk for their nursing child for up to one year after the child's birth. This break time is available "each time such employee has need to express the milk". The FLSA also requires employers to provide a private space that is not a bathroom for nursing mothers to express breast milk.
The frequency and duration of breaks needed to express milk will vary depending on factors related to the nursing employee and the child. For example, the location of the space and the steps needed to express breast milk, such as setting up a pump, can affect the duration of the break.
Employees who telework are also eligible to take pump breaks under the FLSA on the same basis as other employees.
While federal law does not mandate breaks for employees, it does specify that if a company chooses to allow break periods, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock".
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Breaks for minors are often more frequent and longer
In the US, federal law does not require lunch or coffee breaks. However, when employers do offer short breaks, federal law considers breaks under 20 minutes as compensable work hours. Breaks lasting longer than 30 minutes can be unpaid and classified as "off-the-clock".
While federal law does not mandate breaks, it is important to note that state laws regarding breaks vary. Some states have their own specific regulations, while others default to the federal policy. For example, Alabama, Alaska, California, Colorado, Delaware, Florida, and several other states have provisions requiring meal periods specifically for minors. These laws recognise that minors often require more frequent and longer breaks than adult employees.
In Alabama, minors aged 14-15 who work more than five continuous hours are entitled to a 30-minute break. Similarly, in Alaska, minors aged 14-17 who work for five or more consecutive hours are also entitled to a 30-minute break.
California has comprehensive child labour protections, and almost all minors under 18 are subject to these laws. Minors in California must have a work permit, and employers must also possess a valid Permit to Employ and Work.
In summary, while federal law does not mandate breaks, state laws may have specific regulations regarding breaks for minors, recognising their need for more frequent and longer breaks compared to adult employees.
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Some states have their own break laws
Federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, according to the U.S. Department of Labor, federal law states that if a company chooses to allow break periods, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as “off-the-clock”.
- California: Employees get a 30-minute paid meal break during a shift that is longer than five consecutive hours. If the employee is relieved of regular work duties and can leave the premises during their break, the break goes unpaid. If the employer fails to provide an employee with a meal break during a shift, they owe the employee one extra hour of pay at the employee’s regular rate. Employees get a 10-minute paid rest break every four hours. If an employee works longer than 15 hours, they are entitled to a fourth 30-minute break.
- Oregon: In April 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state’s detailed meal and rest break rules. The facility is attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating back to 2015.
- New York: Factory workers get a 60-minute break between 11:00 a.m. and 2:00 p.m. Non-factory workers get a 30-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts lasting 6 hours or longer during this period. There is an additional 20-minute break between 5:00 p.m. and 7:00 p.m. for shifts that start before 11:00 a.m. and extend after 7:00 p.m.
- Vermont: Vermont has a special lactation break law requiring employers to provide reasonable break time throughout the day to employees who are lactating. It is left to the employer’s discretion whether these breaks are paid or unpaid unless denoted by a collective bargaining agreement.
- Texas: Employees must have a “reasonable opportunity” to eat and use the restroom. This opportunity must be paid if it is less than 20 minutes.
- Arizona: If an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes. Breaks lasting longer than 30 minutes are classified as meal periods and do not need to be paid as long as the employee is completely relieved of all duties.
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