Employee Breaks: Interrupting, What's The Law?

Employees in the United States are protected by federal and state laws that guarantee them rest and meal breaks. However, these laws vary from state to state. For example, in California, employees are entitled to a 30-minute meal break if they work more than five hours a day and a second 30-minute meal break if they work more than 12 hours. These breaks are meant to be uninterrupted, meaning that employers should not ask their employees to perform any work duties during this time.

However, there are some exceptions to these rules. For instance, on-duty meal periods may apply in certain situations. If the nature of an employee's work prevents them from getting relief from duties, they may have to work through their meal break. In such cases, the law requires employees to get compensation for such periods.

It is important to note that 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.

Employees who feel that their rights to breaks are being violated can seek legal help to discuss their situation and understand their options.

Can an employer interrupt an employee's break?

Whether an employer can interrupt an employee's break depends on the laws of the state in which the employee works. In California, for example, employees are entitled to uninterrupted breaks. If an employer asks an employee to work during their break, it is the legal equivalent of denying them their rightful break. However, federal law does not require lunch or coffee breaks.

In some states, employers can interrupt an employee's break if they are giving the break to the employee as a benefit. In these cases, the employee can either take their break somewhere they will not be interrupted, or they can ask their employer to set clearer expectations for interruptions.

Employees cannot be forced to break the law, and in California, employees are protected if they notify law enforcement or government authorities about unlawful workplace activities.

What are the laws regarding breaks?

Federal Law

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

Meal periods (typically lasting at least 30 minutes) are not considered work time and are not compensable.

State Laws

State laws vary, and some states require breaks. For example, in California, non-exempt employees must receive a thirty-minute break if they work for more than five hours a day. If an employee is scheduled for more than twelve hours, they should get a second thirty-minute meal break. These breaks are meant to be uninterrupted, meaning the employer should not ask the employee to perform any work duties during this time. If an employer asks an employee to work while they eat or tells them to remain on-call during their break, it is the legal equivalent of denying them their rightful break.

However, the law does not obligate the employer to ensure the employee does not work during their break. If the employee willingly chooses to work during their break, the employer is not responsible for this action.

There are some exceptions to these rules. For instance, "on-duty" meal periods may apply in certain situations. If the nature of an employee's work prevents them from getting relief from duties, they may have to work through their meal break. In such cases, the law requires employees to get compensation for such periods. An on-duty meal period is only allowable if the nature of work does not allow an employee to take a break.

If an employer denies an employee a meal or rest break, the employee has the right to take legal action. In California, an employer must compensate the employee with one hour's pay for each break they deny.

What are the consequences of interrupting an employee's break?

Interrupting an employee's break can have serious consequences for the employer. In California, for example, employees are entitled to a 30-minute meal break if they work for more than five hours a day. This break must be uninterrupted, meaning the employer should not ask the employee to perform any work duties during this time. If an employer does interrupt an employee's break, it is the legal equivalent of denying them their rightful break. In this case, the employer must compensate the employee with one hour's pay for each break they deny.

However, there are some exceptions to these rules. For instance, "on-duty" meal periods may apply in certain situations. If the nature of the employee's work prevents them from getting relief from duties, they may have to work through their meal break. In such cases, the law requires employees to get compensation for such periods. An on-duty meal period is only allowable if the nature of the work does not allow an employee to take a break.

Consequences for interrupting an employee's break can also depend on the employee's contract and the laws of the state in which they work. For example, federal law does not require lunch or coffee breaks. However, when employers do offer short breaks, federal law considers these as compensable work hours. On the other hand, meal periods (typically lasting at least 30 minutes) are not considered work time and are not compensable.

What are the exceptions to the rule?

While there are no federal laws requiring employers to provide lunch or coffee breaks, there are some exceptions to the rule. In California, for example, employers are required to provide a 30-minute meal break for employees who work more than five hours a day and a second 30-minute meal break for those who work more than 12 hours. Additionally, employees in California are allowed to leave their employer's premises during their breaks. However, there are some exceptions to this rule, such as for security officers whose absence would compromise the worksite.

What should an employee do if their break is interrupted?

Employees should be aware of their rights to breaks and the laws that protect them. In California, for example, employees are entitled to a 30-minute break if they work for more than five hours a day. This break should be uninterrupted, meaning that employers should not ask employees to perform any work duties during this time. However, there are exceptions to this rule, such as "on duty" meal periods, which may apply in certain situations. If an employer denies an employee their break, the employee has the right to take legal action.

If an employee's break is interrupted, they should first understand their rights and the relevant laws in their state. They may also want to consult with a lawyer to discuss their specific situation. In some cases, it may be appropriate to politely decline the interruption and explain that they are on a break. Alternatively, they could suggest that the interrupter come back at a later time or find someone else who can help. It is important to handle the situation professionally and respectfully, especially if the interrupter is a customer.

To avoid interruptions during breaks, employees may want to consider taking their breaks in a different location, such as a break room or outside the office. They could also put up a sign indicating that they are on a break and should not be disturbed. Additionally, it may be helpful to talk to a manager or supervisor about the issue and ask for their guidance on how to handle interruptions.

Frequently asked questions