Understanding Your Legal Lunch Break Entitlement

how long is a lunch break by law

Lunch breaks are not mandated by federal law in the United States. However, if an employer does offer a break, federal law dictates that they must pay employees for that time, unless the break is longer than 30 minutes and the employee is relieved of all duties. While there is no federal mandate, many states have implemented their own laws outlining what constitutes a reasonable lunch break. These laws vary from state to state, with some requiring a 30-minute meal period after five hours of work, and others requiring shorter breaks at regular intervals throughout the day.

Characteristics Values
Federal law requirement for lunch breaks No federal law mandates lunch breaks
State law requirement for lunch breaks Some states have laws requiring meal and rest breaks
Meal breaks for employees under 18 At least 30 minutes for every 5 hours worked
Meal breaks for employees over 18 At least 30 minutes for every 6 hours worked
Rest breaks for employees under 18 At least 10 minutes for every 4 hours worked
Rest breaks for employees over 18 At least 10 minutes for every 4 hours worked
Breaks for employees under 16 At least 30 minutes for every 5 hours worked
Breaks for employees over 16 At least 30 minutes for every 6 hours worked
On-duty meal breaks Counted as work time and permitted when the nature of work prevents relief from duty
Off-duty meal breaks Not counted as work time

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Federal law does not require lunch breaks

Federal law does not require lunch or coffee breaks. However, when employers offer short breaks, federal law considers these as compensable work hours that are included in the sum of hours worked during the workweek. These short breaks usually last 5 to 20 minutes. On the other hand, meal periods, which typically last at least 30 minutes, are not considered work time and are not compensable.

If an employee gets meal or rest breaks, the company does not have to pay them for that time unless:

  • State law requires paid breaks
  • The employee works through a break time (e.g. if they eat while working)
  • It's a shorter break that lasts 20 minutes or less

It's important to note that unauthorised extensions of authorised work breaks do not need to be counted as hours worked if the employer has expressly communicated the length of the break, any extension is against the rules, and any extension will be punished.

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State laws vary on lunch breaks

In Alabama, for example, the state 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 that are longer than 30 minutes are classified as meal periods and do not need to be paid, provided that the employee is completely relieved of their duties.

Other states, like California, have their own specific regulations. In 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 their regular work duties and can leave the premises during their break, the break goes unpaid. However, if these requirements are not met, the break must be paid at the employee's regular rate of pay.

In addition to state-specific laws, union collective bargaining agreements can also provide for breaks, even in states that don't require them. For instance, depending on the particular collective bargaining agreement, an employee might take a 30-minute unpaid lunch break and two paid 10-minute breaks during an 8-hour shift.

It's important to note that all meal and rest break laws only apply to non-exempt employees. For exempt employees receiving over $23,000 annually, breaks are at the employer's discretion.

To avoid confusion and ensure compliance, employers should stay up-to-date on the break rules in their state, especially as these laws can change from year to year. While rest break rules can be complex, they are relatively easy to comply with by using the right payroll software and scheduling system.

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Breaks under 20 minutes are paid

In the United States, federal law does not require employers to provide meal or rest breaks. However, if an employer chooses to offer short breaks, those lasting 5 to 20 minutes are considered compensable work hours and must be included in the sum of hours worked during the workweek. This means that breaks under 20 minutes are paid.

According to the Fair Labor Standards Act (FLSA), if an employee takes a break under 20 minutes, the company must pay them for that time unless:

  • State law requires paid breaks
  • The employee works through the break (e.g., if they eat while working)

It is important to note that the FLSA does not require meal or break periods. However, some states have created their own laws and regulations regarding meal and rest breaks, which employers must comply with to avoid fines and lawsuits. For example, California requires a 30-minute meal break for shifts longer than five consecutive hours, and a second 30-minute break if the shift is longer than 10 hours.

While there is no federal mandate for meal or rest breaks, employers must pay for breaks under 20 minutes and can face legal consequences if they do not.

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Meal breaks over 30 minutes are unpaid

Federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, 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”.

In some states, there are laws requiring meal and rest breaks. For example, in 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. 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 an agreement to waive the meal period.

The Fair Labor Standards Act (FLSA) does not require employers to give breaks to their employees. However, it has become a common practice and reasonable expectation for employers to offer unpaid lunch breaks to employees who work for a certain number of hours, which varies per state and industry.

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Minors have different break laws

In the United States, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if a company chooses to allow breaks, federal law dictates that any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock".

While federal law does not mandate meal or rest breaks, several states have created meal and rest break requirements for employees, including minors. These laws vary from state to state, and it is important for employers to stay up-to-date on the specific regulations in their state.

  • Delaware: Adults are entitled to a 30-minute break for seven and a half hours worked, while minors receive the same break time for only five hours worked.
  • Louisiana and Michigan: Employers in these states must provide 30-minute breaks to employees under 18 for shifts longer than five consecutive hours.
  • Hawaii: This same rule applies only to 14 and 15-year-olds.

It is worth noting that some states' laws apply only to minor employees. For instance, in Alabama and Alaska, the break laws for workers aged 16 and above default to federal law, while minors ages 14-17 who work five or more consecutive hours are entitled to a 30-minute break.

Additionally, union collective bargaining agreements can also provide for breaks in states that don't require them. For example, an employee might take a 30-minute unpaid lunch break and two paid 10-minute breaks during an 8-hour shift, depending on the specific collective bargaining agreement.

While the specifics of break laws vary across the United States, the general trend is that minors are afforded more break leniency than adult employees.

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Frequently asked questions

No federal laws require companies to offer breaks during work hours for meals or any other purpose. However, 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”.

Yes, several states have created meal and rest break requirements for employees. For example, in California, employees get a 30-minute paid meal break during a shift that is longer than five consecutive hours. In New York, factory workers are required to have a 1-hour noon-day period unless the Labor Commissioner grants permission for a shorter period.

Yes, state laws typically afford minors more break leniency than adult employees. While most state meal break rules for adults automatically cover minors, some states have specific standards for those under 18. For example, in Delaware, adults get a 30-minute break for seven and a half hours worked, while minors get the same break time for only five hours worked.

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