Breaks In A 9-Hour Shift: What The Law Says

The number of breaks an employee is entitled to during a 9-hour shift varies depending on their location and age. In the US, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if breaks are offered, any break under 20 minutes should be paid, and any break over 30 minutes can be unpaid and classified as off-the-clock.

Some states have their own laws requiring meal and rest breaks, and failing to comply can result in fines and lawsuits. For example, in California, employees who work at least 3.5 hours in a day are entitled to one 10-minute rest break, and those who work 6 hours or more are entitled to two 10-minute breaks. In Washington State, non-agricultural employees are entitled to a paid 10-minute rest break for every 4 hours worked.

In the UK, employees are entitled to a 45-minute break during a 9-hour shift.

US federal law on breaks

Federal law does not require employers to provide meal or rest breaks to employees. However, if an employer chooses to offer short breaks, typically lasting 5 to 20 minutes, federal law requires that these breaks be paid and included in the total number of hours worked during the workweek to determine if overtime was worked. On the other hand, meal breaks, which typically last at least 30 minutes, can generally be unpaid if the employee is relieved of all work duties.

It is important to note that federal law does not mandate meal or rest breaks during a shift of any length. However, some states have laws requiring employers to provide breaks, and these laws vary widely. For example, in California, employees are entitled to a 30-minute meal break during a shift that is longer than five consecutive hours. Additionally, employees in California who work more than 10 hours in one shift must receive a second 30-minute meal break.

Federal law also does not specify how long a meal break should be. However, if an employee is not relieved of work duties during their meal break (e.g., eating at their desk while working), they should not be required to take an unpaid meal break.

In terms of rest breaks, there is no federal law that requires employers to provide a specific number of restroom breaks each day. However, employers are expected to allow reasonable bathroom access without penalty. Additionally, employers must be careful with any restrictions they impose on bathroom breaks, as individuals have different bathroom needs, especially those with certain medical conditions.

Regarding smoke breaks, employers are not required to make any accommodations for smokers. Employees can use their regular rest and meal breaks to smoke if they wish, but they may need to leave the workplace to find a smoking area.

To summarise, while federal law does not mandate meal or rest breaks, if an employer chooses to offer short breaks, they must be paid. Meal breaks that relieve employees of all duties can typically be unpaid and are generally not required unless specified by state law.

State and local laws

California

In California, employees working at least 3.5 hours in a day are entitled to one 10-minute rest break. If they work 6 hours or more, they are entitled to two 10-minute breaks, and for those working over 10 hours, three 10-minute breaks are provided. These breaks must be scheduled in the middle of each work period. Additionally, employees working 5 hours or more are entitled to one unpaid 30-minute meal break, which must start before the end of the fifth hour. A second unpaid 30-minute meal break is provided for those working 10 hours or more, which can be waived if the total work hours are 12 or fewer, and the first meal break was not waived.

Washington

Washington's rest break policy is similar to California's. Non-agricultural employees are entitled to a paid 10-minute rest break for every four hours worked. Employers can also offer multiple "mini breaks" that add up to 10 minutes. A 30-minute meal break is required for shifts of more than five consecutive hours, offered between two and five hours from the start of the shift.

Oregon

Oregon has detailed meal and rest break rules, with employees in certain industries, such as retail and service, food and beverage, commercial support service, and health and medical, entitled to specific breaks. For example, these employees receive a paid 10-minute rest break for every four hours worked and a 30-minute meal break for working five or more hours.

Connecticut

In Connecticut, employers must provide either a meal or rest break, with the same duration for both. A 30-minute meal break is required for employees working at least seven and a half consecutive hours, and it is unpaid.

Delaware

Delaware requires employees who work at least seven and a half consecutive hours to be provided with a 30-minute meal break. This break must be given after the first two hours and before the last two hours of the shift.

Kentucky

Kentucky mandates paid 10-minute rest periods during each 4-hour work period. Additionally, employees are entitled to a "reasonable" off-duty period for meals, which is typically unpaid.

These are just a few examples of state and local laws regarding breaks. It is important to note that these laws can vary significantly, and it is the responsibility of employers to ensure compliance with the regulations in their specific state and city.

Breaks for minors

The number of breaks in a 9-hour shift varies depending on the state and the minor's age. In general, minors are afforded 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.

• Alabama: Minors aged 14-17 who work for more than 5 consecutive hours are entitled to a 30-minute break.
• Alaska: Minors aged 14-17 who work for 5+ consecutive hours are entitled to a 30-minute break.
• California: Minors are entitled to a 30-minute meal break if they work more than 5 hours per day. They are also entitled to a second 30-minute meal break if they work 10 hours or more. In addition, minors are entitled to a 10-minute rest break for every 4 hours worked and cannot work more than 3 consecutive hours without a break.
• Colorado: Specific break laws for minors could not be found.
• Delaware: Minors are entitled to a 30-minute break for every 5 consecutive hours of work.
• Florida: Minors aged 14-15 who work for 5+ consecutive hours are entitled to a 30-minute break.
• Hawaii: Minors aged 14-15 who work for 5+ hours are entitled to at least a 30-minute break.
• Illinois: Minors are entitled to a 30-minute meal break before working 4 consecutive hours.
• Indiana: Minors under the age of 16 who work for 5+ consecutive hours are entitled to at least a 30-minute break.
• Iowa: Specific break laws for minors could not be found.
• Kentucky: Specific break laws for minors could not be found.
• Louisiana: Minors under the age of 18 who work for 5+ consecutive hours are entitled to a 30-minute break.
• Maryland: Specific break laws for minors could not be found.
• Massachusetts: Specific break laws for minors could not be found.
• Michigan: Specific break laws for minors could not be found, but in practice, minors are entitled to a 30-minute lunch break within the first 5 hours of their workday and a 10-minute break for every 4 hours worked.
• Minnesota: Specific break laws for minors could not be found.
• Nebraska: Specific break laws for minors could not be found.
• Nevada: Specific break laws for minors could not be found.
• New Hampshire: Specific break laws for minors could not be found.
• New Jersey: Specific break laws for minors could not be found.
• New York: Minors are entitled to a 30-minute meal break no later than 5 hours into their workday. They are also entitled to a 10-minute rest break for every 4 hours worked and cannot work for more than 3 consecutive hours without a break.
• North Carolina: Minors under the age of 18 who work for 5+ consecutive hours are entitled to a 30-minute break.
• North Dakota: Specific break laws for minors could not be found.
• Ohio: Minors under the age of 16 are entitled to at least a 30-minute break for every 5 hours worked and 1 hour for every 8 hours worked.
• Oklahoma: Workers under the age of 18 receive the same meal breaks as adults, but they are entitled to a 15-minute rest break instead of the standard 10-minute break.
• Oregon: Specific break laws for minors could not be found.
• Pennsylvania: Specific break laws for minors could not be found.
• Rhode Island: Specific break laws for minors could not be found.
• Utah: Minors are entitled to a 30-minute lunch break within the first 5 hours of their workday. They are also entitled to a 10-minute break for every 4 hours worked and cannot work more than 3 consecutive hours without a break.
• Virginia: 14 and 15-year-old minors must have a 30-minute meal break before working 4 consecutive hours. 16 and 17-year-old minors are entitled to a 30-minute meal break no later than 5 hours into their shift.
• Washington: Specific break laws for minors could not be found, but in general, non-agricultural employees in Washington are entitled to a paid 10-minute rest break for every 4 hours worked.
• West Virginia: Specific break laws for minors could not be found.
• Wisconsin: Specific break laws for minors could not be found.

It is important to note that these break requirements may vary depending on the specific city and industry. Additionally, federal law does not require employers to provide rest or meal breaks for workers, but many state and local governments do. As such, it is essential to refer to the specific break laws in your state and city to ensure compliance.

Breaks for adults

The number of breaks an adult is entitled to during a 9-hour shift varies depending on the state and industry in which they work. While federal law does not require employers to provide rest or meal breaks, many state and local governments do.

California

In California, employees who work at least 3.5 hours in a day are entitled to one 10-minute rest break. Employees working at least 6 hours are entitled to two 10-minute breaks, and those working over 10 hours are entitled to three 10-minute breaks. Rest breaks must be taken in the middle of each work period, and employees can opt out if they choose.

Employees working at least 5 hours are entitled to one, unpaid, 30-minute meal break. This must start before the end of the fifth hour of the shift. Employees working at least 10 hours are entitled to a second, unpaid, 30-minute meal break, which must start before the end of the tenth hour of the shift. Employees can waive their second meal break as long as they don't work more than 12 hours in the workday.

Washington

Washington's rest break policy is similar to California's. Non-agricultural employees are entitled to a paid 10-minute rest break for every four hours worked. Employers may offer multiple "mini-breaks" that add up to 10 minutes during each four-hour shift.

Employers are required to offer workers a 30-minute meal break for every shift of more than five consecutive hours. This must be offered no less than two hours before the start of the shift and no more than five hours after.

Other States

Other states have varying laws regarding meal and rest breaks. For example, in 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. In New York, employees are entitled to one 45-minute break for a 9-hour shift.

Federal Law

According to federal law, 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."

Breaks by industry

The number and duration of breaks afforded to employees differ from state to state and even city to city. While federal law does not require employers to provide rest or meal breaks, many state and local governments do.

Manufacturing

In manufacturing, where shifts can be long and work is physically demanding, many states have specific laws requiring breaks at regular intervals to ensure worker safety and productivity.

Retail

Employees in retail establishments are entitled to a non-working shift break depending on the number of hours worked. For example, in Washington State, employees working over five hours must receive a 30-minute meal break, while in California, employees working at least 3.5 hours in a day are entitled to one 10-minute rest break.

Food and Beverage

In the food and beverage industry, employees who are principally employed in serving food or beverages to customers and who receive tips may waive their right to a 30-minute unpaid meal break.

Hospitality

Hotel room attendants are entitled to a 30-minute meal period in each workday in which they work at least seven hours. The break area must be provided with adequate seating and tables in a clean and comfortable environment, and clean drinking water must be provided without charge.

Healthcare

Healthcare workers often have different break schedules due to the unpredictable and essential nature of their work. Alternative measures or compensation, such as additional pay or supplementary breaks at later times, must be provided to these workers.

Construction

Rules for construction trade employees may be superseded by a collective bargaining agreement covering such employees.

Transportation

Certain rules apply to employees in the transportation industry, such as interstate drivers, driver helpers, loaders, or mechanics of motor carriers, and taxi cab drivers.

Domestic Work

Domestic workers in California who are personal attendants are entitled to a 10-minute paid rest break for every four hours worked and a meal period of no less than 30 minutes for shifts exceeding five hours.

Frequently asked questions