Productivity And Legal Breaks: 10-Minute Recharge

In the United States, federal law does not mandate meal or rest breaks. However, if an employer chooses to provide a break, any break under 20 minutes should be paid, and breaks over 30 minutes can be unpaid and classified as off-the-clock.

Each state has its own laws regarding breaks for employees. For example, in California, employees have the right to an unpaid 30-minute meal period if they work more than 5 hours, and the right to at least one paid 10-minute rest break if they work at least 3.5 hours in a day. In Colorado, employees are entitled to a paid 10-minute rest break for each 4 hours worked.

It is important to note that union collective bargaining agreements can also provide for breaks even in states that don't require them.

Federal law does not require meal or rest breaks

Breaks that are authorised by the employer but extended by the employee without authorisation do not need to be counted as hours worked if the employer has expressly communicated that the break may only last for a specific length of time, that extending the break goes against company rules, and that extending the break will be punished.

Meal periods, which typically last at least 30 minutes, are not considered work time and are not compensable.

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.

While federal law does not require meal or rest breaks, some states have laws requiring them. Failing to comply with these state laws can result in severe fines and even lawsuits. For example, in April 2022, an Oregon healthcare facility filed a lawsuit with the federal court system to overturn the state’s detailed meal and rest break rules. The facility is attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating back to 2015.

Meal breaks are unpaid if they last 30+ minutes

In the United States, federal law does not require employers to offer lunch or coffee breaks. However, if they do, short breaks (lasting between 5 and 20 minutes) are considered compensable work hours and must be included in the sum of hours worked during the workweek.

Meal periods, on the other hand, typically last at least 30 minutes and are not considered work time, so they are not compensable. This means that meal breaks lasting 30+ minutes can be unpaid, as long as employees don't work during that time.

While federal law does not require meal breaks, some states have their own laws that do. For example, in California, employers cannot employ someone for a work period of more than five hours without providing an unpaid, off-duty meal period of at least 30 minutes. Similarly, in Oregon, there are detailed meal and rest break rules that employers must follow to avoid fines.

It's important to note that break laws can vary depending on the state and the age of the employee, with some states requiring breaks for minors that are not required for adults. Additionally, certain industries may have specific exemptions from break requirements. For example, in California, employers in the wholesale baking industry who are subject to a specific Wage Order are exempt from the meal period requirement.

To summarize, while there is no federal mandate for meal breaks, employers must follow state-specific laws, and if they choose to offer breaks, they must compensate employees for short breaks and can offer unpaid meal breaks lasting 30+ minutes as long as employees are relieved of all duties during that time.

Rest breaks are paid if they last 20 minutes or less

In the United States, federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers breaks of 20 minutes or less as compensable work hours. This means that breaks lasting 20 minutes or less are included in the sum of hours worked during the workweek and are considered in determining if overtime was worked.

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, provided that employees do not work during that time.

Employees in 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. Whenever possible, this break should take place in the middle of their work period, rather than at the beginning or end. Employees outside these industries are not guaranteed rest breaks.

It is important to note that each state has different laws regarding breaks for employees. For example, in California, employees have the right to an unpaid 30-minute meal period if they work more than 5 hours, and the right to at least one paid 10-minute rest break if they work at least 3.5 hours in a day. Additionally, minors (those under the age of 18) may have different break requirements than adults.

While there is no federal mandate for meal or rest breaks, employers must still provide "reasonable opportunities" for employees to eat and use the bathroom during the workday. These breaks must be paid if they are less than 20 minutes long.

Rest breaks are required for minors working consecutive hours

United States Federal Law

According to the Fair Labor Standards Act (FLSA), federal law does not require lunch or coffee breaks. However, when employers offer short breaks, typically lasting 5 to 20 minutes, federal law considers these as compensable work hours included in the total sum of hours worked during the workweek. Meal periods, usually 30 minutes or longer, are not considered work time and are not compensable.

State Laws

State laws vary significantly regarding duration, frequency, and whether breaks must be paid or unpaid. While some states mandate that employees take meal and rest breaks, others only require minors or those in specific industries to do so.

Alabama

Alabama law requires that employers provide a 30-minute unpaid rest period for minors under 16 years old who work for more than five consecutive hours.

Alaska

There are no specific state-mandated meal or rest breaks for minors in Alaska.

Arizona

In Arizona, minors under 16 working in the entertainment industry may be entitled to rest breaks.

Arkansas

Arkansas law states that minors under 16 must receive a 30-minute meal/rest break if they are working for five consecutive hours or more.

California

In California, employees in specific industries (retail, service, food & beverage, healthcare, and commercial support services) must receive a 30-minute meal break after working five consecutive hours. These employees must also receive a 10-minute paid rest period for every 4 hours worked.

Colorado

Colorado requires that employees receive a 30-minute meal break for 5+ hour shifts and a 10-minute break for every four hours of work.

Connecticut

Connecticut does not have specific state-mandated meal or rest breaks for minors.

Delaware

Delaware law states that minors under 16 must receive a 30-minute unpaid meal or rest break after working for five consecutive hours.

Florida

In Florida, minors under 16 must receive a 30-minute unpaid meal or rest break after working 5 consecutive hours.

Georgia

Georgia law mandates that minors under 16 receive a 30-minute unpaid meal/rest break after working for five consecutive hours.

Hawaii

Hawaii requires that minors under 16 receive a 30-minute meal break if they work for 5 or more consecutive hours.

Idaho

Idaho does not have specific state-mandated meal or rest breaks for minors.

Illinois

Illinois law states that minors under 16 must receive a 30-minute paid meal break after working 5 consecutive hours.

Indiana

Indiana requires that minors under 16 receive a 30-minute unpaid meal break after working 5 consecutive hours.

Iowa

Iowa does not have specific state-mandated meal or rest breaks for minors.

Kansas

Kansas law does not provide specific meal or rest breaks for minors.

Kentucky

Kentucky does not have specific state-mandated meal or rest breaks for minors.

Louisiana

Louisiana requires that minors under 18 working six or more consecutive hours receive one or two breaks totaling 30 minutes. These breaks can be unpaid meal breaks or rest breaks.

Maine

Maine does not have a specific meal break mandate but requires a 30-minute rest break for work periods of over six hours.

Maryland

Maryland does not have specific state-mandated meal or rest breaks for minors.

Massachusetts

Massachusetts does not have specific state-mandated meal or rest breaks for minors.

Michigan

Michigan requires that minors under 16 receive a 30-minute unpaid meal break after working 5 consecutive hours.

Minnesota

Minnesota does not have specific state-mandated meal or rest breaks for minors.

Mississippi

Mississippi does not have specific state-mandated meal or rest breaks for minors.

Missouri

Missouri does not have specific state-mandated meal or rest breaks for minors.

Montana

Montana does not have specific state-mandated meal or rest breaks for minors.

Nebraska

Nebraska does not have specific state-mandated meal or rest breaks for minors.

Nevada

Nevada requires that minors under 16 receive a 30-minute unpaid meal break for every 5 consecutive hours of work periods.

New Hampshire

New Hampshire does not have specific state-mandated meal or rest breaks for minors.

New Jersey

New Jersey does not have specific state-mandated meal or rest breaks for minors.

New Mexico

New Mexico does not have specific state-mandated meal or rest breaks for minors.

New York

In New York, minors under 18 must receive a 30-minute unpaid meal break after working for 5 consecutive hours.

North Carolina

North Carolina requires that minors under 16 receive a 30-minute unpaid meal/rest break after working for five consecutive hours.

North Dakota

North Dakota does not have specific state-mandated meal or rest breaks for minors.

Ohio

Ohio law states that minors under 16 must receive a 30-minute meal break for every 5 hours worked and 1 hour for every 8 hours worked.

Oklahoma

Oklahoma requires that minors under 18 receive a 30-minute unpaid meal break for every 5 consecutive hours of work.

Oregon

Oregon requires that minors under 18 receive a 30-minute paid meal break after working 5 consecutive hours.

Pennsylvania

Pennsylvania does not have specific state-mandated meal or rest breaks for minors.

Rhode Island

Rhode Island does not have specific state-mandated meal or rest breaks for minors.

South Carolina

South Carolina does not have specific state-mandated meal or rest breaks for minors.

South Dakota

South Dakota does not have specific state-mandated meal or rest breaks for minors.

Tennessee

Tennessee does not have specific state-mandated meal or rest breaks for minors.

Texas

Texas mandates that minors under 18 receive a 30-minute meal break no later than 5 hours into the workday and a 10-minute rest break for every 4 hours worked. They cannot work 3+ consecutive hours without a 10-minute break.

Utah

Utah requires that minors under 18 receive a 30-minute paid meal break after working 5 consecutive hours.

Vermont

Vermont law requires that employers provide all employees with "reasonable opportunities" to eat and use toilet facilities during their work periods.

Virginia

Virginia mandates that minors under 16 must receive a 30-minute unpaid meal break after working for 5 consecutive hours.

Washington

In Washington, minors under 16 must be allowed a paid rest break, free from duties. They must take a rest break of at least ten minutes for every two hours worked and cannot work more than two hours without a ten-minute rest break or a thirty-minute meal period. Minors aged 16-17 cannot work more than 3 hours without a rest break.

West Virginia

West Virginia does not have specific state-mandated meal or rest breaks for minors.

Wisconsin

Wisconsin does not have specific state-mandated meal or rest breaks for minors.

Wyoming

Wyoming does not have specific state-mandated meal or rest breaks for minors.

Employers must provide reasonable opportunities for employees to eat and use the bathroom

While there is no federal law requiring companies to offer breaks during work hours for meals or any other purpose, employers must provide employees with "reasonable opportunities" to eat and use the bathroom during the workday. This means that employers should allow workers to take a break when they need to and ensure that they have access to a clean and sanitary restroom.

According to the U.S. Department of Labor, federal law states that if a company chooses to allow break periods, any break under 20 minutes is considered part of the workday and should be paid. Breaks lasting 30 minutes or longer can be unpaid and classified as "off-the-clock." However, meal breaks must be paid if they are less than 20 minutes long.

The Occupational Safety and Health Administration (OSHA) also has guidelines to protect workers and ensure they have proper restroom access. OSHA requires employers to:

• Allow workers to leave their work to use the toilet as needed.
• Provide a decent number of washrooms for workers.
• Refrain from putting unreasonable curbs on toilet use.
• Ensure that restrictions on restroom use do not cause delays.

OSHA also has standards for the design and maintenance of restroom facilities, including requirements for hot and cold running water, hand soap, and hand towels. These standards aim to protect workers from health complications that can occur when a bathroom is not readily available, such as bladder problems, bowel issues, and urinary tract infections.

In addition to federal regulations, each state may have its own laws regarding meal and rest breaks. For example, in California, employees are entitled to a 30-minute paid meal break during a shift longer than five consecutive hours. If the employee is not relieved of regular work duties and cannot leave the premises during their break, the break must be paid.

Overall, while there may not be a specific law requiring a 10-minute break, employers must provide reasonable opportunities for employees to eat and use the bathroom, and this may include allowing for short breaks during the workday.

Frequently asked questions