Cecily Zamora
Employees in the United States are not federally required by law to receive breaks during work hours for meals or any other purpose. However, if employers choose to offer short breaks, usually lasting between 5 and 20 minutes, these breaks are considered compensable work hours and are included in the sum of hours worked during the week. Meal breaks, which typically last at least 30 minutes, are not considered work time and are not compensated.
While there is no federal mandate, some states have laws requiring meal and rest breaks, and non-compliance can result in fines and lawsuits. Each state has different laws regarding breaks for employees, including separate provisions for minors. For example, in Alabama, employers must provide a half-hour meal break to employees under 16 who work more than five continuous hours. In contrast, Delaware requires employees over 18 who work 7.5 consecutive hours or more to receive a 30-minute meal break.
| Characteristics | Values |
|---|---|
| Federal Law Requirement | No federal law requires companies to offer breaks during work hours for meals or any other purpose. |
| Federal Law on Breaks | 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”. |
| State Laws | Each state has different laws on breaks for employees. |
| State Laws on Breaks | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming have specific laws on breaks. |
| Exempt Employees | For exempt employees receiving over $23,000 annually, breaks are at the employer’s discretion. |
What You'll Learn
Federal law does not require lunch or coffee breaks
Breaks lasting 30 minutes or more are considered meal breaks and can be unpaid, as long as employees are free from work duties during that time. Meal breaks are distinct from rest breaks, which are shorter and often come in addition to a meal break.
The federal government leaves it up to the employer to decide whether or not to offer breaks. However, it's important to note that break rules vary at the state level, and some states have laws requiring meal and rest breaks. Failing to comply with these state laws can result in fines or lawsuits.
Additionally, there are special considerations for minors and employees in certain industries. For example, employees under the age of 16 must receive a documented 30-minute meal/rest break if they work for five consecutive hours or more.
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Breaks under 20 minutes are considered rest breaks
In the United States, federal law does not require companies to offer breaks for meals or any other purpose. However, if an employer chooses to offer short breaks, those that last between 5 and 20 minutes are considered rest breaks and are included in the sum of hours worked during the workweek. This means that they are compensable work hours and are included in determining if overtime was worked.
Meal periods, on the other hand, typically last at least 30 minutes and are not considered work time, and are therefore not compensable. If an employer does not provide a meal break, they may be required to pay the employee for the missed break. For example, in California, if an employer fails to provide an employee with a meal break, they owe the employee one extra hour of pay at the employee's regular rate.
While there is no federal mandate for meal or rest breaks, some states have laws requiring them. For example, in New York, employers must provide employees with at least 30 minutes of unpaid time off if they work more than 6 hours. In Alabama, employees under 16 must receive a 30-minute meal/rest break if they work for more than 5 continuous hours. In Connecticut, employees are entitled to a 30-minute meal break if they work 7.5 hours or more.
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Breaks 30 minutes or longer are considered meal breaks
In the United States, federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, if an employer chooses to allow break periods, any break under 20 minutes is considered part of the workday and must be paid, and any break over 30 minutes can be unpaid and classified as "off-the-clock."
Breaks lasting 30 minutes or longer are considered meal breaks and are not considered work time and are not compensable. This distinction is important for employers to understand and properly compensate their employees.
Meal breaks are typically longer than rest breaks, usually lasting at least 30 minutes, and serve a different purpose than shorter coffee or snack breaks. Therefore, they are not considered work time and are not compensable.
The Fair Labor Standards Act (FLSA) does not require meal or break periods. However, if an employer chooses to offer breaks, they must follow the guidelines for compensable time.
Some states have laws requiring meal and rest breaks, and failing to comply can result in severe fines and even lawsuits. For example, in Oregon, a healthcare facility was facing nearly $100 million in fines due to persistent violations of employee meal and rest break rights.
It is important for employers to stay up-to-date on break rules in their state, as they can vary significantly. While federal law sets the standard for compensable time during breaks, state laws may have additional requirements or specifications.
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Meal breaks are unpaid if employees don't work during that time
In the United States, federal law does not require companies to offer breaks during work hours for meals or any other purpose. 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 lasting 30 minutes or longer can be unpaid and classified as "off-the-clock" as long as the employee does not work during that time.
According to the U.S. Department of Labor, meal breaks lasting 30 minutes or longer can be unpaid if employees don't work during that time. This distinction between rest periods and meal periods is important, as shorter breaks are considered compensable work hours, while longer meal breaks are not considered work time and are not compensable.
Some states have their own laws requiring meal and rest breaks, and failing to comply can result in fines or lawsuits. For example, in Alabama, employers must provide a half-hour meal break to employees under 16 if they work more than five continuous hours. In Connecticut, employees are entitled to a half-hour meal break if they work 7.5 hours or more, and this break can be unpaid.
It's important for employers to stay up-to-date on break rules in their state, as the requirements can vary significantly. While federal law does not mandate breaks, if an employer chooses to offer them, it's crucial to compensate employees for shorter breaks and ensure that longer meal breaks are truly duty-free to avoid paying for that time.
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Employees under 16 must get a 30-minute break if working 5+ hours
Federal law does not require companies to offer breaks during work hours for meals or any other purpose. However, some states have laws requiring meal and rest breaks. In these states, failing to comply can result in severe fines and even lawsuits.
State Laws
State laws vary on whether employees under 16 must get a 30-minute break if working 5+ hours. For example, in Alabama, employees under 16 must get a 30-minute break if working 5+ hours. However, in Alaska, there are no specific rules for breaks for employees under 16.
Federal Law
Under federal law, breaks 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 don't work during that time.
Enforcement
If an employer fails to provide an employee with a meal break during a shift, they may owe the employee extra pay. For example, in California, if an employer fails to provide an employee with a meal break, they owe the employee one extra hour of pay at the employee's regular rate.
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Frequently asked questions
No federal law requires companies to offer breaks during work hours for meals or any other purpose. However, if an employer 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, every state has different laws on breaks for employees. While some states default to the federal policy, others have their own set of specific regulations.
Yes, break laws can vary by industry. For example, in New York, mercantile and other establishments must allow employees a half-hour break for lunch, while factory employees and health attendants may have different rules.
Yes, break laws can vary by employee age. For example, employees under the age of 16 must receive a 30-minute meal/rest break if they are working for 5 consecutive hours or more. Employees aged 16 and over are not required to take breaks.
Failing to comply with break laws can result in severe fines and even lawsuits. For example, in April 2022, an Oregon healthcare facility filed a lawsuit to overturn the state’s detailed meal and rest break rules, attempting to avoid nearly $100 million in fines due to persistent violations of employee meal and rest break rights dating back to 2015.
