Understanding Your Legal Break Entitlement At Work

The number of minutes of break you get varies depending on where you live and the industry you work in. In the United States, federal law does not require lunch or coffee breaks, but when employers do offer short breaks (usually lasting 5 to 20 minutes), they are considered compensable work hours. Meal breaks, which typically last at least 30 minutes, are not considered work time and are not compensable. Each state has different laws on breaks for employees, and some states have laws requiring meal and rest breaks. For example, in California, a 30-minute meal break is required for shifts longer than five consecutive hours. In Texas, a 30-minute meal break is required for every 5 consecutive hours worked. It's important to check the specific laws in your state to understand your entitlements.

Breaks for minors

United States

In the United States, federal law does not require coffee or lunch breaks for workers. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), these breaks are considered compensable work hours and are included in the sum of hours worked during the workweek. Meal periods (typically lasting at least 30 minutes) are not considered work time and are not compensable.

Each state has different laws on breaks for employees. For example, in California, all minors under the age of 18 employed in the state must have a permit to work. In addition to this, California, along with 34 other states, has separate provisions requiring meal periods specifically for minors.

Minors in the Entertainment Industry

Federal law states that all breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks lasting 30 minutes or longer can be unpaid, so long as employees don’t work during that time.

Minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.

Additional Considerations for Minors

It is important to note that there may be additional considerations for minors when it comes to breaks. For example, in some states, minors may be required to have a certain number of hours of non-work, non-school time each day. Additionally, there may be restrictions on the number of hours minors can work per day or per week, and the types of jobs they can perform.

Examples of State-Specific Laws

• In Alabama, minors are entitled to a 30-minute meal break if they work for 5 or more consecutive hours.
• In California, minors aged 15 days to 18 years employed in the entertainment industry must have a permit to work, and their employers must also have a permit to employ them.
• In Delaware, minors who work 7 ½ continuous hours or more must receive a 30-minute meal period.
• In Florida, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In Illinois, minors aged 14 or older employed in recreational or educational activities by a park district or municipal parks and recreation department may work up to 3 hours per school day, twice a week, until 9 pm, as long as the total number of hours worked does not exceed 24 per week.
• In Indiana, minors under the age of 18 must receive a 10-minute rest break for every 4 consecutive hours they work.
• In Kentucky, minors under the age of 18 are entitled to a 30-minute meal break when they work for 6 or more consecutive hours.
• In Louisiana, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In Maryland, minors under the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more.
• In Massachusetts, minors under the age of 16 must receive a 30-minute meal break if they are working for 5 or more consecutive hours.
• In Michigan, minors under the age of 18 are permitted a 30-minute break if they work for 5 or more consecutive hours.
• In Minnesota, minors under the age of 18 must receive a 30-minute meal break if they work for 4 or more consecutive hours.
• In Nebraska, minors under the age of 16 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In Nevada, employees within the retail and service industry, the food and beverage industry, the health and medical industry, and the commercial support services industry must receive a paid 10-minute break for every 4 hours they work.
• In New Hampshire, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In New Jersey, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In New York, minors under the age of 18 are entitled to a 30-minute meal break when they work for 6 or more consecutive hours.
• In North Carolina, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In North Dakota, minors under the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more.
• In Ohio, minors under the age of 18 are entitled to a 30-minute meal break when they work for 5 or more consecutive hours.
• In Oklahoma, minors under the age of 18 must receive a 10-minute rest break for every 4 consecutive hours they work.
• In Oregon, employees under the age of 18 are entitled to a 30-minute meal break when they work for 5 or more consecutive hours.
• In Pennsylvania, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In Rhode Island, minors under the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more.
• In Utah, minors under the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more.
• In Virginia, minors under the age of 18 must receive a documented 30-minute meal/rest break if they are working for 5 consecutive hours or more.
• In Washington, minors under the age of 18 are entitled to a 30-minute meal break when they work for 5 or more consecutive hours.
• In West Virginia, minors under the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more.
• In Wisconsin, minors under the age of 18 are permitted a 30-minute break if they work for 5 or more consecutive hours.
• In Guam, minors under the age of 18 must receive a 30-minute meal break after working for 7.5 consecutive hours or more.
• In Puerto Rico, by written agreement of the employer and employee, meal periods may be shortened to not less than 30 minutes, and to not less than 20 minutes for croupiers, nurses, security guards, and anyone else authorized by the Puerto Rico Secretary of Labor.

Meal breaks for adults

In the United States, there is no federal law mandating lunch breaks. However, if an employer chooses to provide a break, any break under 20 minutes is considered part of the workday and must be paid, whereas breaks over 30 minutes can be unpaid and classified as "off-the-clock".

Each state has its own laws on meal breaks for adults, and these laws vary widely. For example, in Alabama, if an employer chooses to provide a break, it must be paid if it lasts less than 20 minutes, whereas in Alaska, breaks over 30 minutes can go unpaid.

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. However, if these requirements are not met, the break must be paid at the regular rate of pay. If an employer fails to provide an employee with a meal break during a shift, they owe the employee an extra hour of pay at the employee's regular rate.

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. A meal period after six hours of work is permissible if it does not affect the health of an employee.

In Delaware, employees who work for seven and a half hours or more consecutively are entitled to a half-hour break after the first two hours and before the last two hours.

In Florida, if an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes.

In New York, a one-hour noon-day period is required for factory workers unless the Labor Commissioner grants permission for a shorter period. For all other establishments and occupations, half an hour is required for shifts over six consecutive hours that extend over the noon-day meal period.

It is important to check the specific laws in your state, as they can vary significantly.

Rest breaks for adults

The number and duration of breaks afforded to employees differ across various states in the US. However, there are some commonalities. For instance, federal law states that breaks lasting under 20 minutes are considered part of the workday and must be paid. Meal breaks, which typically last at least 30 minutes, are not considered compensable work time and are not paid.

Some states, like Florida, do not mandate meal or rest breaks for most workers. However, minors or employees under 18 years of age in Florida must have an uninterrupted 30-minute meal break every four hours. In Alabama, if an employer chooses to provide a break, it must be paid if it lasts less than 20 minutes. In contrast, breaks longer than 30 minutes are classified as meal periods and do not need to be paid, provided the employee is completely relieved of all duties.

In Arizona, if an employer chooses to provide a meal break, it must be paid if it lasts less than 20 minutes. Similarly, in Arkansas, breaks lasting longer than 30 minutes do not need to be paid as long as the employee is completely relieved of all duties. Arkansas also has a special lactation break law, requiring employers to provide reasonable unpaid break time to employees who are nursing mothers. These breaks must be taken in a private place that is not a bathroom stall.

California requires employees to 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. Additionally, if a work shift is longer than 10 hours, a second 30-minute rest break must be provided.

In Colorado, a 30-minute meal break is required for 5+ hour shifts, and a 10-minute break for every four hours of work.

In New York, factory workers are entitled to a one-hour noon-day period unless the Labor Commissioner grants permission for a shorter period. For all other establishments, a 30-minute break is required for shifts over six consecutive hours that extend over the noon-day meal period.

While federal law does not mandate lunch or rest breaks, it is important to check the specific regulations in your state, as these vary widely.

Breaks for employees in the entertainment industry

The number and length of breaks an employee is entitled to varies depending on their location, age, and the nature of their work. In the US, federal law does not require lunch or coffee breaks, but short breaks of 5 to 20 minutes are considered compensable work hours. Meal periods, which typically last at least 30 minutes, are not considered work time and are not compensable.

In California, workers in the motion picture industry are entitled to a meal period of at least 30 minutes after no more than six hours of work. On long workdays, a second meal period must be provided no later than six hours after the first meal period ended. Additionally, these workers are entitled to 10 minutes of net rest time every four hours, and "swimmers, dancers, skaters, and other performers engaged in strenuous physical activities shall have additional interim rest periods during periods of actual rehearsal or shooting."

In the entertainment industry, federal law requires that minors under the age of 16 be provided with a 30-minute meal/rest break if they are working for five consecutive hours or more. Minors over the age of 16 and adults are not required to take breaks.

In addition to federal laws, each state has its own laws regarding breaks for employees. For example, in California, workers who are working for 3.5 hours or less are not entitled to breaks, while in other states, such as Pennsylvania, seasonal farmworkers are entitled to a 30-minute meal break after working for five hours.

Breaks for employees in the retail industry

Overview

In the United States, federal law does not mandate lunch or coffee breaks for workers. However, when employers do offer short breaks, federal law considers breaks lasting about 5 to 20 minutes as compensable work hours included in the total sum of hours worked during the workweek. Meal periods, typically lasting at least 30 minutes, are not considered work time and are not compensable.

While federal law does not require companies to offer breaks, some states have laws mandating meal and rest breaks. These laws vary by state and industry, and non-compliance can result in fines and lawsuits.

Retail Industry Breaks

Employees in the retail industry are entitled to different break schedules depending on the state in which they work.

California

In California, employees in the retail industry are entitled to a 30-minute meal break when working for 5 or more consecutive hours. Additionally, they must receive a second 30-minute meal break if working for more than 10 hours in one shift, unless the total hours worked are 12 or fewer, and the first meal break was not waived.

Delaware

In Delaware, employees within the retail industry are entitled to a 10-minute paid break for every 4 hours worked.

Oregon

In Oregon, employees in the retail industry are subject to the same break laws as other industries. They are entitled to a 30-minute meal break when working for 5 or more consecutive hours.

Other States

Other states with specific break laws for the retail industry include:

• New York: Retail employees working for 6 or more consecutive hours are entitled to a 30-minute meal break.
• Texas: Retail employees working between 4 and 6 hours are entitled to a 15-minute break, and those working more than 6 hours are entitled to a 30-minute break.
• Vermont: Retail employees working for 5 or more consecutive hours are entitled to a 30-minute meal break.
• Virginia: Retail employees working for 5 consecutive hours are entitled to a 30-minute meal break, and those working for 8 or more hours are entitled to an additional 15-minute break.

Frequently asked questions