Understanding Your Legal Lunch Break Entitlements

Lunch breaks are a topic of discussion for many employees, especially those who work long hours. While federal law in the US does not require lunch or coffee breaks, some states have their own regulations. For example, in California, employees must receive an uninterrupted 30-minute unpaid meal break when working more than five hours in a day, and an additional 30-minute break when working over 12 hours. These breaks must be provided by employers, but employees are responsible for taking them. This varies from state to state, with some states requiring a meal period of at least 30 minutes for shifts longer than six hours. It is important to be aware of the relevant regulations in your state to ensure you are receiving the breaks you are entitled to.

Federal law on lunch breaks

Federal law does not require companies to offer lunch breaks. However, if an employer chooses to provide a break, any break under 20 minutes should be paid, and any over 30 minutes can be unpaid and classified as "off-the-clock".

Under the Fair Labor Standards Act (FLSA), lunch breaks are defined as breaks of 30 minutes or longer, during which an employee is "fully relieved of duties". If the employee is working while eating, the lunch break is considered regular work time and should be paid.

Federal law considers short breaks (usually lasting 5 to 20 minutes) as compensable work hours, which are included in the sum of hours worked during the workweek and considered in determining if overtime was worked. Meal periods, on the other hand, are not considered work time and are not compensable.

Breastfeeding mothers are entitled to take a 30-minute unpaid lunch break during the first year following the birth of their child. This law applies to non-exempt employees and exempts employers with fewer than 50 employees if providing such breaks would be an undue hardship.

While there is no federal mandate for meal or rest breaks, some states have laws requiring them, and failure to comply can result in severe fines and lawsuits. For example, in April 2022, an Oregon healthcare facility faced a lawsuit and nearly $100 million in fines for persistent violations of employee meal and rest break rights.

California labour law

If an employee works more than 10 hours per day, they are entitled to an additional 30-minute meal break, which can also be waived if the first meal break wasn't waived and there is mutual consent between the employee and employer.

Employees are allowed to take their meal breaks off the premises and spend their break as they wish, as it is off the clock. Employers may not require employees to remain on the work premises during their meal breaks, and they cannot be required to work during this time.

Employers must relieve employees of all duties during meal breaks and relinquish any control over their activities. This includes not impeding or discouraging employees from taking their breaks.

If an employer fails to provide a meal break as required by law, they must pay the employee one additional hour of pay at the employee's regular rate for each workday that the meal break is not provided.

In addition to meal breaks, employees in California are also entitled to rest breaks. Employers must authorise and permit uninterrupted rest breaks of at least 10 minutes for employees who work at least 3.5 hours in a day. These breaks must be paid and provided in the middle of each four-hour work period, insofar as practicable.

Lunch breaks in other states

While federal law does not require meal or rest breaks, many states have their own laws mandating meal and rest breaks. These laws vary from state to state, and non-compliance can result in severe fines and even lawsuits. Here is a breakdown of lunch break laws in different states:

California

In California, employers must provide non-exempt workers with opportunities to take meal and rest breaks. For a work period of more than five hours, employees are entitled to an unpaid, off-duty meal break of at least 30 minutes. If the workday will be completed in six hours or less, this meal break can be waived with mutual consent from the employer and employee. For a workday of more than 10 hours, a second 30-minute meal break is required, unless the total hours worked are 12 or fewer and the first meal break was not waived. Additionally, employees must be provided with a paid 10-minute rest period for every four hours worked.

Oregon

Oregon has detailed meal and rest break rules, and non-compliance can result in significant fines. While the specifics are not mentioned, it is safe to assume that Oregon requires meal and rest breaks for employees.

Alabama

Alabama follows federal law regarding breaks for workers aged 16 and above. If an employer provides a break, it must be paid if it lasts less than 20 minutes. Breaks longer than 30 minutes are considered meal periods and do not need to be paid if the employee is relieved of all duties.

Alaska

Alaska adheres to federal guidelines for breaks for workers aged 18 and over. If an employer offers a break, it must be paid if it is less than 20 minutes. Breaks exceeding 30 minutes are classified as meal periods and need not be paid, provided the employee is free from all duties.

Arizona

Arizona follows federal guidelines for breaks for all workers. If an employer chooses to provide a meal break, it must be paid if it is under 20 minutes. Breaks longer than 30 minutes are considered meal periods and need not be paid if the employee is relieved of all duties.

Arkansas

Arkansas follows federal guidelines for breaks for workers of all ages. If a break is provided, it must be paid if it is less than 20 minutes. Breaks longer than this do not need to be paid if the employee is relieved of all duties. Additionally, Arkansas has a lactation break law, requiring employers to provide reasonable unpaid break time for lactating employees in a private place near their work area.

Colorado

Colorado mandates a 30-minute meal break for shifts of five hours or more and a 10-minute rest break for every four hours worked.

Delaware

In Delaware, employees under 16 must receive a 30-minute meal/rest break when working for five consecutive hours or more. Employees aged 16 and over are not required to take breaks.

Florida

Florida adheres to federal guidelines for breaks for workers aged 18 and over. If a break is provided, it must be paid if it is less than 20 minutes. Breaks longer than 30 minutes are considered meal periods and do not need to be paid if the employee is relieved of all duties.

The above examples showcase the variation in lunch break laws across different states. It is important to note that these laws are subject to change and update, and this information may not reflect the most recent legislation. For the most accurate and up-to-date information, it is advisable to refer to official state and federal websites.

Exempt employees

While federal law in the United States does not require lunch breaks, many states have implemented laws that outline what a reasonable lunch break entails. The Fair Labor Standards Act (FLSA) does not require employers to give breaks to their employees, but it has become common practice for employers to offer unpaid lunch breaks to employees who work for a certain number of hours, which varies per state and industry.

In California, for example, employers must provide a 30-minute unpaid meal break for work periods of more than five hours. Additionally, a second 30-minute meal break is required for workdays of more than 10 hours, unless the total hours worked are 12 hours or less and the first meal break was not waived. These breaks must be uninterrupted, and employers must relieve employees of all duties during this time.

While exempt employees may not be paid for their lunch breaks, they are still entitled to take them. It is important for employees to know their rights and understand the specific laws and regulations in their state regarding meal and rest breaks.

Consequences of denying lunch breaks

While federal law in the United States does not require employers to give their employees lunch or coffee breaks, it is common practice and a reasonable expectation for employers to offer unpaid lunch breaks to employees who work for a certain number of hours. This number varies per state and industry.

Some states have implemented laws that outline what a reasonable lunch break entails. For example, in California, employers must provide an unpaid, off-duty meal period of at least 30 minutes for work periods of more than five hours. If an employee works more than 10 hours a day, a second meal period of at least 30 minutes must be provided.

Failing to comply with these laws can have costly consequences for employers. For each workday that an employer does not provide an employee with a meal break as required, the employer owes the employee an additional hour of pay at the employee's regular rate. Employees have up to three years to file a claim for unpaid wages.

In addition to financial penalties, denying lunch breaks can also have negative consequences for employee morale and productivity. Lunch breaks promote good health, encourage social interactions, and boost morale. They provide employees with a much-needed break from their work and allow them to recharge and refocus. Denying this break can lead to decreased productivity, increased stress and burnout, and lower employee satisfaction.

Furthermore, denying lunch breaks can also create legal issues for employers. Employees have the right to take lunch breaks, and if they are denied this right, they may take legal action against their employer. This could result in costly litigation and further damage to the employer's reputation.

Frequently asked questions