Lunch Breaks: Vendor-Provided Meals And Legal Compliance

Lunch breaks are not mandated by federal law in the United States, but they have become a common practice and reasonable expectation for employers to offer unpaid breaks to employees working a certain number of hours, which varies by state and industry. While there is no federal mandate, some states have implemented their own laws outlining what constitutes a reasonable lunch break. For example, in California, employees who work more than five hours in a workday are entitled to a 30-minute uninterrupted meal break, while in Nevada, a 30-minute meal break is required for employees working eight or more consecutive hours.

While lunch breaks are generally unpaid, employees must be allowed to take their full break without working, unless a state law specifies otherwise.

The Fair Labor Standards Act (FLSA)

Meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable. State laws vary, with some requiring a 30-minute meal break for every 6 hours worked, and others mandating a 30-minute meal break after 5 hours of work. Some states also require a second meal break for employees working over 10 hours, unless the workday will be completed in 12 hours or less and there is mutual consent to waive the meal period.

The FLSA also covers recordkeeping, requiring employers to display an official poster outlining its requirements and to maintain employee time and pay records. It sets a federal minimum wage of $7.25 per hour, effective July 24, 2009, though many states have their own minimum wage laws, and employees are entitled to the higher minimum wage where applicable.

The FLSA's protections extend to employees of enterprises with at least $500,000 of business or gross sales annually, unless an exemption applies. Exemptions include "white-collar" exemptions for professional, administrative, and executive employees, as well as specific jobs like movie theatre workers. These exemptions are construed narrowly, with employers needing to prove that employees fit "plainly and unmistakably" within the exemption's terms.

State-specific laws

The laws regarding lunch breaks vary across different states in the US. While federal law does not require companies to offer breaks during work hours for meals or any other purpose, some states have laws that mandate meal and rest breaks. Failing to comply with these laws can result in severe fines and even lawsuits.

California

In California, lunch breaks, or "meal breaks", are a protected right for hourly (non-exempt) employees. Employees who work more than five hours in a workday are entitled to a 30-minute uninterrupted meal break. Additionally, employees in certain industries or jobs who work more than 10 hours in a day are entitled to a second 30-minute meal break. During these breaks, employees must be relieved of all work duties and are free to leave the premises if they choose.

Delaware

In Delaware, employees who work 7.5 consecutive hours or more are entitled to a 30-minute meal break. This break should be provided sometime after the first two hours of work and before the last two hours of work. There are exemptions to this rule, such as when complying would endanger public safety, or when there is only a single employee on duty for a specific position.

Oregon

Oregon has detailed meal and rest break rules, and violations of these rules can result in significant fines. For example, in April 2022, an Oregon healthcare facility faced nearly $100 million in fines due to persistent violations of employee meal and rest break rights.

Alabama

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

Alaska

Alaska follows federal law regarding breaks for workers aged 18 and over. Similar to Alabama, breaks lasting less than 20 minutes must be paid, while breaks longer than 30 minutes are considered meal periods and do not need to be paid if the employee is relieved of all duties.

Arizona

Arizona defaults to federal law regarding breaks for all workers. The same break rules apply as in Alabama and Alaska.

Arkansas

Arkansas also defaults to federal law regarding breaks for workers of all ages. The state does, however, have a special lactation break law, requiring employers to provide reasonable unpaid break time for employees who are lactating.

Colorado

Colorado requires a 30-minute meal break for shifts of 5 hours or more and a 10-minute rest break for every four hours of work.

Connecticut

In Connecticut, employees who work at least 7.5 hours are entitled to a 30-minute meal break. This break must be provided sometime after the first two hours of work and before the last two hours of work. There are exemptions similar to those in Delaware.

Florida

Florida defaults to federal law regarding breaks for workers aged 18 and over. The same break rules apply as in Alabama.

Georgia

Georgia follows federal law regarding breaks for all workers. The same break rules apply as in Alabama.

Hawaii

Hawaii defaults to federal law for breaks for workers aged 16 and over. The same break rules apply as in Alabama.

The laws in other states not mentioned here may have their own unique lunch break regulations or may default to federal policy. It is important for employers and employees to stay informed about the specific laws in their state to ensure compliance and protect their rights.

Collective bargaining agreements

In the United States, federal law does not mandate lunch breaks or coffee breaks. However, when employers offer short breaks, federal law considers these as compensable work hours.

The Fair Labor Standards Act (FLSA) does not require employers to give breaks to their employees. However, it has become common practice for employers to offer unpaid lunch breaks to employees working a certain number of hours, which varies per state and industry. Per the FLSA, employers need not pay employees during meal breaks in any state. However, employers must allow employees to take the full lunch break without working unless a state law specifies otherwise.

The National Labor Relations Act gives employees the right to bargain collectively with their employer through a representative of their choosing. This means that unions and employers must bargain in good faith about wages, hours, and other terms and conditions of employment until they agree on a labor contract or reach a stand-off or "impasse". If a contract is in place, neither party may deviate from its terms without the other party's consent.

• In California, lunch breaks, or "meal breaks", are a protected right for hourly (non-exempt) employees. These employees are entitled to a 30-minute uninterrupted meal break if they work more than five hours in a workday.
• In Colorado, a half-hour meal period is required after five hours of work, unless the workday will be completed in six hours or less, and the employee and employer have agreed to waive the meal period.
• In New York, a one-hour noon-day period is required for factory workers unless the Labor Commissioner grants permission for a shorter period.
• In Minnesota, employees who work eight consecutive hours or more are entitled to a sufficient but unspecified amount of unpaid time for lunch.
• In Canada, as per CUPE 3730, full-time staff are granted 15-minute rest periods before and after their lunch break. Lunch is unpaid for employees starting before 1:00 pm.

Protected classes of workers

While federal law does not mandate lunch breaks, some states have implemented laws that outline what a reasonable lunch break entails. The Fair Labor Standards Act (FLSA) does not require employers to provide breaks, but it has become common practice for employers to offer unpaid lunch breaks to employees working a certain number of hours. This number varies per state and industry.

• Hourly (non-exempt) employees in California are legally entitled to a 30-minute uninterrupted meal break if they work more than five hours in a workday. These employees must be relieved of all work duties and be free to leave the premises if they choose. If they work more than 10 hours in a day, they are entitled to an additional 30-minute meal break.
• Employees in specific industries or jobs, such as retail, service, food, beverage, commercial support services, and health and medical, may have different regulations. For example, a half-hour lunch break is typically required after five consecutive hours of work, but this can vary depending on the state and industry.
• Hotel room attendants who clean rooms are typically entitled to a 30-minute rest period for every seven hours worked. This may differ based on the state and the specific job duties.
• Employees with collective bargaining agreements may have meal periods established separately from standard regulations. These agreements can supersede state laws regarding meal breaks and vary depending on the specific terms of the agreement.
• Employees in certain states may have additional protections. For example, in New York, factory workers are typically entitled to a one-hour noon-day period, while employees in other establishments may receive a 30-minute break for shifts over six hours.
• Employees under the age of 18 have special labor protections. Employers must adapt work schedules to accommodate the Department of Labor's rules for young employees.

It is important to note that these laws and protections may vary depending on the state and industry. Additionally, some states may have specific provisions for other protected classes of workers, such as workers with disabilities or employees in certain occupations.

Employee consent

In the United States, there is no federal law that mandates lunch breaks. However, some states have implemented laws that outline what a reasonable lunch break entails. The Fair Labor Standards Act (FLSA) does not require employers to provide breaks to their employees, including lunch breaks, and it also does not require meal breaks to be paid. However, it is common practice for employers to offer unpaid lunch breaks to employees working a certain number of hours, which varies by state and industry.

When it comes to employee consent regarding lunch breaks, there are a few key points to consider:

• Waiving Lunch Breaks: In some states, such as California, employees can agree to waive their lunch break if the workday is less than six hours. This mutual agreement between the employer and employee allows for a shorter workday without a formal lunch break.
• On-Duty Lunch Breaks: In certain situations, the nature of the work may prevent an employee from being fully relieved of their duties during a lunch break. In these cases, employees may be required to take an "on-duty" lunch break, where they can eat while continuing to work. This arrangement must be agreed upon by both the employer and the employee, and the employee must be compensated for the time worked during the break.
• Second Meal Breaks: For employees working extended hours, some states mandate a second meal break. For example, in California, employees working more than 10 hours in a day are entitled to an additional 30-minute meal break. However, this second meal break can be waived with the employee's consent if the first meal break was not waived.
• Collective Bargaining Agreements: Collective bargaining agreements can play a significant role in determining lunch break policies. These agreements may require rest and meal breaks in states that do not mandate them. For instance, a unionized security guard may be entitled to a 30-minute unpaid meal break and additional short rest breaks during their shift.
• State-Specific Laws: Each state has its own set of laws and regulations regarding lunch breaks. For example, in Delaware, employees are required to take a 30-minute lunch break sometime after the first two hours and before the final two hours of a 7.5-hour shift. Understanding the specific laws of your state is crucial for ensuring compliance with lunch break requirements.
• Discrimination and Retaliation: Employers must be careful not to discriminate or retaliate against employees regarding lunch breaks. For instance, scheduling adjustments to avoid paying overtime or denying lunch breaks to certain employees could result in legal violations.

It is important to note that break laws generally apply to non-exempt employees, as white-collar executives, sales professionals, and artists may not receive the same protections. Additionally, while employers can require employees to take meal breaks, they cannot dictate how employees spend those breaks, such as requiring them to eat during the break.

Frequently asked questions